Judicial Independence

FindLaw's Writ - Lazarus: The Key Issue of Judicial Independence

In legal circles, the issue of the moment is judicial "independence." For many years now, right-wing conservatives have been conducting an unrelenting attack on supposedly out-of-control "activist" judges, as part of their campaigns against abortion rights, affirmative action, and the judicially-imposed ban on prayer in public schools.

In the last few years, however, the assault on the judiciary has developed a new fury. In the wake of the legal maneuverings surrounding Terri Schiavo's tragic death, conservatives have not only ratcheted up their anti-judge rhetoric, they've started acting on threats to seek impeachment of federal judges they don't like, and to set up systems for monitoring judges who depart from their preferred legal views.