‘The Wrong Message’
California citizens have repeatedly voted the death penalty into law, in order to remove murdering criminals from society, but the Bird court drags its feet and thwarts the majority will of the people.
Expressing its concern that the majority of voters may not necessarily be right, The Times contends that therefore the omniscient justices should not be condemned because they upset or hamstring a majority mandate. That viewpoint is inconsistent with the fact that many decisions by the Supreme Court are reached by a 4 to 3 majority. If majority rule is good practice for the court to follow, why shouldn’t the same court give consideration to the majority votes of the people?
The Times statement that justices should not be removed because they fail a “political test” implies that is the thrust of the coming election. The issue is not political. It deeply affects all segments of the population--Democrats, Republicans, liberals, conservatives, women, men, the poor and the wealthy--all of whom are demanding better protection from the criminal element.