Deputy Prime Minister Tim Fischer wants a capital C conservative to be the next Chief Justice of the High Court. In politics where people are strait-jacketed into political parties it may be possible to categorise people and predict their voting behaviour and opinion on most matters. But the trouble for Mr Fischer is that it certainly does not always work that way with the judiciary.
In 1953, President Dwight Eisenhower wanted a capital C conservative to be Chief Justice of the US Supreme Court. Einsenhower won the presidency after 20 years of Democrat rule and a belief by Republicans that the court had been stacked. Einsenhower’s capital C conservative was Earl Warren, conservative Republican Attorney-General and later Governor of California.
Warren became one of the greatest civil libertarian judges in US history. He damned racial segregation in schools saying “”separate education facilities are inherently unequal”. He damned gerrymanders saying, “”legislators represent people, not acres or trees”. He upheld the right of silence for suspects and witnesses in criminal trials and before congressional committees and had the wisdom to recognise that Senator Eugene McCarthy’s anti-communism inquiry posed a far greater threat to American liberty than the witches it was hunting.
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