SIGN IN to access Harper’s Magazine
1. Sign in to Customer Care using your account number or postal address.
2. Select Email/Password Information.
3. Enter your new information and click on Save My Changes.
Subscribers can find additional help here. Not a subscriber? Subscribe today!
There are 678 federal judges. Roughly two-thirds of them are Republican appointees, and roughly two-thirds of that number–around half of the total–were appointed by George W. Bush. During his presidency the appointment process was driven by an unprecedented measure of politicization, and a recent study by the University of Houston showed that the George W. Bush judges are as a group the most politically ideological and conservative of all judges on the bench. Some of those judges are outstanding figures in the profession, accorded wide respect. Others are partisan political hacks who landed a judgeship as a reward for political trench warfare. Will they be transformed when they don a black robe and call a court to order?
Today the New York Times gives us a good look at a woman who is the very model of a modern Rovian judge. Sharon Keller is the senior judge of the state’s court of criminal appeals, and she was elected to the court in the Republican wave that brought George W. Bush to power in Austin and marked the first stage of what would ultimately be the triumph of Rovian politics in Texas.
In 1998, Judge Keller wrote the opinion rejecting a new trial for Roy Criner, a mentally retarded man convicted of rape and murder, even though DNA tests after his trial showed that it was not his semen in the victim. “We can’t give new trials to everyone who establishes, after conviction, that they might be innocent,” she later told the television news program “Frontline.” “We would have no finality in the criminal justice system, and finality is important.”
Funny–I thought the criminal justice system was about some semblance of justice. For Keller and others like her, the role of “hanging judge” is cherished. Moreover, it seems to sell well in the voting booth. Keller’s conduct provoked such widespread outrage that even then-Governor Bush was forced to act. In one of his extremely rare acts of intervention in the criminal justice process (other than for the benefit of financial industry leaders who made substantial donations to the G.O.P.), Bush pardoned Criner.
Now Keller faces an ethics probe over abusive conduct that resulted in the execution of a prisoner who should have been able to argue an appeal. She’s headed for a trial on charges that she violated her duties as a judge, was incompetent, and brought discredit on the judiciary. Actual enforcement actions against judges who breach their ethical duties are, however, exceedingly rare. Keller’s is an interesting test case.
More from Scott Horton:
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
In Havana, the past year has been marked by a parade of bold-faced names from the north — John Kerry reopening the United States Embassy; Andrew Cuomo bringing a delegation of American business leaders; celebrities ranging from Joe Torre, traveling on behalf of Major League Baseball to oversee an exhibition game between the Tampa Bay Rays and the Cuban national team, to Jimmy Buffett, said to be considering opening one of his Margaritaville restaurants there. All this culminated with a three-day trip in March by Barack Obama, the first American president to visit Cuba since Calvin Coolidge in 1928. But to those who know the city well, perhaps nothing said as much about the transformation of political relations between the United States and Cuba that began in December 2014 as a concert in the Tribuna Antiimperialista.
Estimated temperature of Hell, according to two Spanish physicists ‘ interpretation of the Bible:
The ecosystems around Chernobyl, Ukraine, are now healthier than they were before the nuclear disaster, though radiation levels are still too high for human habitation.
A TSA agent in Seattle was arrested for taking up-skirt photos of women in the airport, a Maryland police officer was arrested for taking up-skirt photos of an off-duty colleague, and the Georgia Court of Appeals ruled that taking up-skirt photos is legal in the state.
Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!
“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”