I thank the Chairman. We must keep them out of the fray, we must keep them from appearing even to be in the fray. There is such a strict sense of ethics in the profession that the judiciary may only come to Congress and testify on limited matters, even when those matters involve themselves. We must engage in conflict avoidance when it comes to the judiciary. We must show restraint when it comes to the judiciary. It was no part of the intent of the sponsors of this bill to alter the balance of power between the Executive and the judiciary. The intent clearly was to alter the power balance between the Executive and the Congress. We do not seek to alter this balance here. We do not need to alter this balance here. It has never been much of a temptation. Yet we are creating the impression we would like to open up that temptation. The judiciary cannot speak for itself today. There is a good reason for that. That reason is to completely depoliticize the judiciary. Ironically, their silence, their mandated silence is part of their independence. So I rise to speak for an independent judiciary. Our bill loses nothing by insisting that the judiciary remain impregnable as a matter of fact and as a matter of appearances.
Editor's note · Context
Addressing the importance of maintaining judicial independence during a discussion on legislative intent.
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