Tuesday, May 24, 2005

Judicial Independence?

The Chief Justice of Massachusetts' Supreme Court this weekend spoke at a college commencement, lambasting the conservative rhetoric against "judicial activist" judges. She likeliwise disparaged the label itself as ambiguous. Preferring to dwell in the certainties of her phrase "judicial independence," and so encouraging judges to be, she opened with a humorous tidbit.

Justice Marshall began with a joke about the blue and white balloons suspended from the Gosman Sports Center ceiling. She said she liked the colors, which included "no red states" -- winning a big laugh.

For Marshall, a member of the majority allowing gay marriage in MA as a state constitutional matter (I believe the author of the opinion, in fact), to make such a joke and then speak of the independence of the judiciary is unbelievable!