I understand the politics of the situation, I think that many Republican members of the senate believe that,get out the vote move. They can indicate that they're strong for their base. But the Constitution's pretty clear. The president Donald Trump has to nominate someone. The senate can choose to disapprove. There's nothing in their Constitution that says the grounds upon which they must vote. But to refuse even to meet with the individual, or to have the process go forward, that's just pure politics.
Martha MinowLet's put it in perspective at the United States Supreme Court, which hears maybe 60 cases a year, most of the cases are resolved without much dispute. The 10 or 15 that are controversial we all know about, and we hear about. The federal courts hear just a tiny sliver of the cases that go to court in this country. Most of the cases are in the state courts. And most legal issues never go to court. So, the legal system is actually not in jeopardy. At the same time, access to law is in jeopardy.
Martha MinowWhether low-income people are dealing with access to veteran's benefits, or a protective order to guard against domestic violence, or a way to guard against the loss of their home due to foreclosure and unscrupulous behavior by mortgage providers, there's no way they can afford a lawyer. And that's a serious problem. Because that erodes respect for law, it erodes the prospects for justice.
Martha MinowI have to be honest and say members of both political parties have contributed to de-legitimization of the process. Even President Barack Obama when he was a senator, contributed to it, in the sense of voting against a well-qualified individual because he disagreed with the view. Again, that's the prerogative of the senators. They're allowed to express their views on any basis.
Martha MinowI think that we see some cities that have developed living wage ordinances. I think that we see some efforts to actually put real restrictions on unscrupulous behavior by creditors. I think that the Consumer Finance Agency is a reflection of a political reaction to the abuses behind the financial disaster. I hope the system will continue to react.
Martha MinowIn the era of modern technology, people could just vote on their phones for who they want to be judges. We could amend all of the ways in which we select our leaders, with the advent of modern technology. We haven't done so. It's actually served us fairly well. Ours is the longest enduring constitutional, written constitution in the world. At the moment, I think it's strained. It's showing the strains of politics and a frustration.
Martha MinowDeanell Tacha and I decided to write an editorial, because both of us have had experiences in countries where the rule of law is not strong. Uh, where there is civil war. Where there is disorder. And, it, it seemed to us important to underscore that this is a treasure, our rule of law, our judiciary independent from politics, and it's in jeopardy.
Martha Minow