The Sage Grouse

Newt Attacks the Courts

Newt Gingrich, former history professor and former Speaker of the U.S. House of Representatives, understands the American three-part government of checks and balances.

This week he pretends not to.

RT Cox
RT Cox

Courts are not supposed to be popular. Judges are charged with making difficult decisions, including sentencing criminals, protecting civil rights and civil liberties, limiting the reach of the elected branches of the government and guarding the integrity of the jury trial system.

American courts have protected the rights of Nazis to march through Jewish communities, decisions not pleasing to many segments of society. Courts have ended racial segregation in schools, the workplace and the polling booth. The Supreme Court sealed the electoral victory for George W. Bush. (Thanks to Ralph Nader, who is thankfully turning his attention away from running for President after his last disaster.)

Courts are on the cutting edge. Law enforcement officers practically have to get a PhD in Constitutional law before hitting the streets and making arrests. My opinion is that sometimes the courts go too far in the name of protecting civil liberties, but that’s better than leaning too far in the other direction.

Courts, especially federal courts, are unpopular with evangelicals and conservatives because of Roe vs. Wade and related decisions.

When the election process proves too responsive to sudden changes in public opinion, laws can be passed which are oppressive to minorities. It is the function of the courts to protect minorities from vocal apparent majorities. (Because voter turnout is always affected by the emotions of the moment, what appears to be a majority one year may not be a majority at the next election.)

Courts exist to dampen the swings of the political pendulum. The Founders of the Constitution clearly intended that the courts would perform this function.

Newt, needing more traction with the Tea Party and allies, now is promising to haul judges before Congress to explain their decisions. Oops, there goes a climate for fair, unbiased, principled, reflective judgment. Let’s make a kangaroo court before politicized House committees at which to embarrass and attack judges. Or, let’s not.

Newt knows this will not happen, it cannot happen, and the Constitutional guarantees of separation of powers will make sure that this isn’t going to be. He is simply posturing. This is another throwaway idea to try to seize the passions of the moment before the Iowa caucus.

But think about this; promoting a dangerous, destabilizing and unconstitutional change in government structure, a massive change at that, may indicate a dangerous and destabilizing thought process in a man seeking the highest electoral office in the country.

Join the Conversation

1 Comment

WyoFile's goal is to provide readers with information and ideas that foster constructive conversations about the issues and opportunities our communities face. One small piece of how we do that is by offering a space below each story for readers to share perspectives, experiences and insights. For this to work, we need your help.

What we're looking for: 

  • Your real name — first and last. 
  • Direct responses to the article. Tell us how your experience relates to the story.
  • The truth. Share factual information that adds context to the reporting.
  • Thoughtful answers to questions raised by the reporting or other commenters.
  • Tips that could advance our reporting on the topic.
  • No more than three comments per story, including replies. 

What we block from our comments section, when we see it:

  • Pseudonyms. WyoFile stands behind everything we publish, and we expect commenters to do the same by using their real name.
  • Comments that are not directly relevant to the article. 
  • Demonstrably false claims, what-about-isms, references to debunked lines of rhetoric, professional political talking points or links to sites trafficking in misinformation.
  • Personal attacks, profanity, discriminatory language or threats.
  • Arguments with other commenters.

Other important things to know: 

  • Appearing in WyoFile’s comments section is a privilege, not a right or entitlement. 
  • We’re a small team and our first priority is reporting. Depending on what’s going on, comments may be moderated 24 to 48 hours from when they’re submitted — or even later. If you comment in the evening or on the weekend, please be patient. We’ll get to it when we’re back in the office.
  • We’re not interested in managing squeaky wheels, and even if we wanted to, we don't have time to address every single commenter’s grievance. 
  • Try as we might, we will make mistakes. We’ll fail to catch aliases, mistakenly allow folks to exceed the comment limit and occasionally miss false statements. If that’s going to upset you, it’s probably best to just stick with our journalism and avoid the comments section.
  • We don’t mediate disputes between commenters. If you have concerns about another commenter, please don’t bring them to us.

The bottom line:

If you repeatedly push the boundaries, make unreasonable demands, get caught lying or generally cause trouble, we will stop approving your comments — maybe forever. Such moderation decisions are not negotiable or subject to explanation. If civil and constructive conversation is not your goal, then our comments section is not for you. 

Your email address will not be published. Required fields are marked *

  1. Here’s what else will not happen, cannot happen: Newt getting the nom. No sense wasting any more ink on him. It’s Mitt — always was gonna be.