This just in…
Justice Cantil-Sakauye Interprets The Law, As It Is Written
By Ret. Justice Joanne Parrilli
Governor Arnold Schwarzenegger has nominated Tani Cantil-Sakauye as chief justice of the California Supreme Court. It is a choice that is as wise as it is groundbreaking.
Justice Cantil-Sakauye is an excellent jurist and is at all times mindful of the public trust. And because of that, Flash Report readers should be clear about what it means that Justice Cantil-Sakauye performed a marriage for a same-sex couple during the five-month period that it was legal in the state of California and what it doesn’t mean.
Having read Jon Fleischman’s column this morning, I feel that he is drawing an incorrect conclusion.
I too performed same sex-marriages during the time when the law of the land authorized such weddings. But when our court was called upon to rule on the issue in 2006, I concluded the law compelled ruling against such marriages.
Ideology has no place on the bench, and Justice Cantil-Sakauye’s record as a justice is clear: she interprets and applies the law, as it is written.
A justice’s job is to be true to the law and to apply it faithfully. It is not to uphold ideology or legislate from the bench.
John Roberts, chief justice of the U.S. Supreme Court, summed this up aptly: "Judges and justices are servants of the law, not the other way around.” And judges serve the people best when they follow the law. Justice Cantil-Sakayue’s written opinions show she does just that.
I’m told she has a statue of Themis, Lady Justice, in her chambers. Themis is blindfolded, as a symbol that justice must be administered with objectivity and impartiality.
I look forward to Justice Cantil-Sakauye’s confirmation as chief justice.
And I think the Governor, himself, said it best when he put her name forward: “Justice Cantil-Sakauye has a distinguished history of public service and understands that the role of a justice is not to create law, but to independently and fairly interpret and administer the law."
July 31st, 2010 at 12:00 am
Justice Parrilli – I hope your faith in Justice Cantil-Sakauye’s judicial viewpoints and character are correct. However, given Arnold Schwarzengger’s past history on judical appointments – I am not holding my breath that he has truly appointed a judge who will not create law from the bench. I hope I am pleasently surprised.