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December 19, /- LIPTAK WASHINGTON — The American legal establishment is not sure what to make of Newt Gingrich’s mounting attacks on the independence of the federal judiciary. Reactions vary from amusement to alarm. What is hard to find is approval. B. Mukasey, who was attorney general under President W. Bush, said he grew slack-jawed in amazement as he listened to Mr. Gingrich’s argument that the elected branches should be free to ignore judicial decisions. “It would lead us to become a banana republic, in which administrations would become regimes, and each regime would feel it perfectly appropriate to disregard decisions of courts staffed by previous regimes,” Mr. Mukasey said. “That’s not what we are.” W. McConnell, a retired federal appeals court judge who was appointed by Mr. Bush and now teaches law at, said he was less concerned, but only because Mr. Gingrich’s proposals are so far-fetched. “If these things were actually done, it would be scary,” he said. “Loose talk is not scary.” In interviews and a white paper posted on his Web site, Mr. Gingrich, the former House speaker, ed for the abolition of courts that issued decisions he found questionable and for subpoenaing judges to explain unpopular rulings. “I think part of the advantage I have is I’m not a lawyer,” Mr. Gingrich said on “Face the Nation” on CBS. “And so as a historian I look at the context of the judiciary and the Constitution in terms of American history.” H. Tribe, a law professor at Harvard, said a lack of legal training was helpful only up to a point. “The advantage of not being a lawyer is the ability to look outside the box,” Professor Tribe said. “The disadvantage is to be so woefully ignorant of what’s inside the box.” “There are times, especially times of national panic,” Professor Tribe said, “when both of the elected branches are prepared to defy core constitutional protections of human rights and only a truly independent branch, one that has no need to worry about the election returns, can be counted on to hold the line and preserve our basic constitutional commitments.” Divorced older women ready sex tonight online dating single
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