ACSBlog: The Blog of the American Constitution Society

The New York Times reports on testimony before the Senate Judiciary Committee by Judge Joan H. Lefkow of the U.S. District Court for the Northern District of Illinois, whose husband and mother were killed in their home in February.

Judge Lefkow told the committee that recent attacks on the judiciary by the televangelist Pat Robertson and by some members of Congress fostered disrespect for judges that "can only encourage those who are on the edge or on the fringe to exact revenge on a judge who displeases them." According to the Times, Judge Lefkow:

... called on the panel to "publicly and persistently repudiate gratuitous attacks on the judiciary."

"We need your help in tempering the tone on the debates that concern the independence of the judiciary," Judge Lefkow said. "I have come to know scores of judges during my 22 years as a magistrate judge, bankruptcy judge and district judge. Whether a liberal or conservative, I have never encountered a judge in the federal judiciary who can remotely be described as posing a threat as Mr. Robertson said, 'probably more serious than a few bearded terrorists who fly into buildings.' "

Mr. Robertson had criticized the federal courts during a recent appearance on the ABC program "This Week," saying, "They're destroying the fabric that holds our nation together." He continued: "Over 100 years, I think the gradual erosion of the consensus that's held our country together is probably more serious than a few bearded terrorists who fly into buildings."

Without citing lawmakers by name, Judge Lefkow also referred in her testimony to the heated political battle that erupted this year related to Terri Schiavo, a severely brain-damaged Florida woman who died after her feeding tube was removed at her husband's request. Some conservatives portrayed her death as the result of an unaccountable judiciary, and Representative Tom DeLay of Texas, the House majority leader, threatened retribution against the judges who refused to intercede in the case.

"The time will come for the men responsible for this to answer for their behavior," Mr. DeLay said at the time.

Senator John Cornyn, Republican of Texas, also said last month that some courthouse violence might be explained - without justification - by anger about judges who "are making political decisions yet are unaccountable to the public."

Chillingly, the Times also reports that:

Indeed, federal marshals were on duty at a Chicago restaurant where Judge Lefkow was eating on Friday night when someone taped a profane, derogatory note to the window. The note did not specifically name Judge Lefkow, but the authorities said it was probably intended for her.