Mitch McConnell Quotes
I don't think there should be a litmus test on judges, no matter who the president is.
McConnell, Mitch. "Remarks on the Senate Floor." Congressional Record, Government Publishing Office, 10 May 2010.
Over 30 states at the time required state judges to stand for election. The result was that they had to have money to finance their campaigns like any other politicians. The results were many cases of lack of impartiality and enormous public perception that the judges were beholden to large campaign contributors. Justice O’Connor pointed out to them that they had created their own problems by popularly electing judges.
From time to time, the assessment of a prospective Supreme Court justice has depended on an attempt to move the court in a particular direction or to prevent that. This is as opposed to the issue of the competence of the nominee. In most cases, such nominees may not have been the best qualified but they have been extremely competent. In a few cases, such as that of Justice Clarence Thomas, the justice was mediocre and inexperienced at best, but his virtues were his race and his total ideological consistency. Most attorneys can predict his vote in advance. He has never asked a question in oral arguments. See {623452} .
This shameful quotation was shocking to most readers. It is subject to two interpretations: One that judges who did not rule on Constitutional issues the way conservative extremists wanted would come to physical harm. The other, that conservatives should pressure judges by withholding appropriations for the courts, impeachments and recall elections where they exist, as well as funding potential opponents for those jurisdictions where judges are elected. Both meanings were disgraceful in the view of most Americans. Later, DeLay was convicted and sentenced to jail for money laundering and illegally spending and raising campaign funds. He was also reprimanded by the House Ethics Committee for unethical methods of fund raising for other earlier actions.
The concern of extreme wings of various parties with judicial activism is not limited to the United States.
In many nations, there is little judicial independence from the government. Judicial decisions that thwart government sometimes produce retaliation ranging from reducing the pay or staff of judges, threatened investigations and impeachment even arrest and execution---sometimes by government ‘death squads’. Even in the United States, the beginning of the 21st century, was fraught with so many examples of judicial intimidation threats, that two Supreme Court justices began speaking throughout the country to educate the public to this problem. In general, the more democratic and free a nation is, the more frequently the courts will disallow activities of the executive and even the legislature.
Addison Mitchell McConnell Jr. is an American politician, serving since 1985 as United States senator for Kentucky, the senior senator since 1999, and since January 20, 2021, as Senate Minority Leader. He previously served as Senate Majority Leader from 2015 to 2021. He is married to former Secretary of Transportation and former Secretary of Labor Elaine Chao. In 2015 and 2019, Time listed McConnell as one of the 100 most influential people in the world.
