House Majority Leader Tom DeLay is citing a controversial new book sharply critical of the Supreme Court's judicial activism as the basis for new Republican initiatives on court reform.
"As a guide to his views on the subject, DeLay has been urging reporters to read "Men in Black: How the Supreme Court Is Destroying America," reports the Washington Post.
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Written by former Reagan Justice Department official Mark Levin, "Men in Black" details the history of the high court going back to Marbury vs Madison - exposing more than a few members of the exclusive legal club as racists, anti-Semites and sexual predators.
The high regard with which most Americans currently regard the court is undeserved, argues Levin, invoking disastrous decisions like Plessy vs. Ferguson, which codified Jim Crow segregation as the law of the land, and Korematsu vs. United States, which placed the Supreme Court's stamp of approval on President Roosevelt's internment of the Japanese-Americans during World War II.
Rep. DeLay drew wide criticism from liberal pundits last month after he vowed that federal judges who sanctioned the starvation death of Terri Schiavo would be held accountable.
But House Judiciary Committee Chairman James Sensenbrenner, who is spearheading the GOP push for judicial reform, told the Post that any new measures would not be aimed at retribution.
"There are some judges that have deliberately decided to be in the face of the president and the Congress, and when they are criticized for that, they hide behind the issue of judicial independence," Sensenbrenner told the Post.
None of the three branches of government "should be given a blank check without oversight on their operations," he explained.
Among the ideas under consideration by the Wisconsin Republican, the Post said, was creation of an office of inspector general for the federal judiciary, like those that now serve as watchdogs of executive-branch agencies, to take complaints, prepare reports, and audit and investigate the administration of the courts.
He also wants to break up the Ninth Circuit Court of Appeals, which ruled in 2002 that the Pledge of Allegiance was unconstitutional because it included the words "under God."
"The Ninth is too big in so many ways," Sensenbrenner told a Stanford University audience this week. "The question is not if the Ninth will be split, but when."
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