His argument is that judges are interpreting rather than following the US
constitution and are subverting elected politicians by legislating from the
bench.
Mr Gingrich made the suggestion of arresting judges in response to a scenario
put to him by CBS’s Bob Schieffer. “If you had to, or you’d instruct the
Justice Department to send a U.S. Marshall,” he said. “Let’s take the case
of Judge Biery. I think he should be asked to explain a position that
radical.”
Judge Fred Biery received fierce criticism in June for a ruling that barred
religious speech during a high school graduation ceremony at Medina Valley
Independent School District in Texas.
His ruling was overturned by a federal appeals court but Gingrich used it as
an example of a judiciary out of touch with regular American values. “So I
have to ask the question, is there an alternative? What’s the recourse?” he
said.
While Mr Gingrich’s tough stance on judges might excite conservatives it runs
inflammatory rhetoric.
Two former attorneys general from President George W. Bush’s administration
blasted the views Mr Gingrich espoused in a 28-page document entitled
“Bringing the Courts Back Under the Constitution”.
Michael Mukasey told Fox News that Mr Gingrich’s proposals were “dangerous,
ridiculous, totally irresponsible, outrageous, off-the-wall, and would
reduce the entire judicial system to a spectacle”.
His predecessor Alberto Gonzales said: “I would tread very, very carefully
down the road with this notion that ’okay, this judge has rendered a
decision that we think is very unpopular and we’re not happy with it so
we’re going to try to impeach this judge. I think that’s not healthy. I
think the way you deal with decisions made by judges that you are not happy
with is you win presidential elections.”
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