Wednesday, September 15, 2004

Rule of Law

From The Leiter Reports:
At the same time, we are witnessing alarming expansions of state power (to spy, to pry, to detain); the collapse of the rule of law in crucial areas (separation of powers, rights of habeas corpus--though with a hopeful push-back from the courts recently); and, finally, the packing of the judiciary with ideologues who exacerbate both the other tendencies. (In the 4th judicial circuit of the United States, the process is complete--there, if a 3-judge panel produces a decision deemed "too liberal," en banc panels are then convened, where the conservative majority on the circuit can overturn the remaining liberals. The rule of law is, for many purposes, effectively abolished in states like Virginia and North Carolina as a result.)

Read Leiter's excellent essay in full here
The state of the 4th circuit court is outside my ken, frankly. I am hoping that Steve from SW Virginia Law Blog or some of our other knowledgable Virginia (or North Carolina) readers can comment on this.


Links corrected. (Thanks, Heather, for the heads up!)

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