Aberto Gonzales Quotes
If a judge does his job right, you [the observer] will never know how he personally feels about the policies he may have to rule on.
Aberto Gonzales, White House Counsel (George W. Bush), Justice, Texas Supreme Court, Attorney General of Texas (Republican), C-SPAN Interview, March 16, 2001
Sourced by: Eigen's Political and Historical Quotations
Judges are restrained by the law and precedence (stare decisis), as well as having to uphold what he/she thinks are undesirable laws or find against laws he thinks are good. He must decide on the law and the facts of the particular case. And if he is an appellate or a Supreme Court judge he must make compromises to accommodate other justices hearing the case along with him/her.
The judiciary in the American system must give deference to the executive and legislative branches and interfere only when there is a violation of the Constitution. Many of the laws may well be viewed as bad policy by the judge, or in some case, may be unjust. The judge however cannot interfere just because he is dealing with bad or unjust laws. So Judge Scalia points out that the judge functioning properly in the American system will find that he personally does not like the consequences of his own opinions.
The notion of lifetime appointment for federal judges had been debated before and during the constitutional convention. The founders wrote it into the constitution to give the judges more security so that they could not be pressured by politicians or wealthy individuals. Also, without this concept many countries have judges who are just rubber stamps for the legislature or the leader of the country.
This document was a type of Magna Carta but far earlier.