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California’s New Justice: Does the Title Fit the Holder

Judicial Council of California

The role of the judiciary is to decide cases and controversies between adversarial parties, including the government. Through the concept of stare decisis judicial decisions in U.S. jurisdictions can act as binding precedent for subsequent decisions. In most cases, when an appellate court makes a decision it not only decides who wins the specific case, but also provides a detailed written opinion that explains the basis for the court’s decision to guide lower courts in handling future cases. Every level of the federal courts has the power to interpret the federal Constitution, and federal laws and regulations. The courts also exercise judicial review over federal statutes and agency actions, and determine the constitutionality of federal and state laws. To the extent any statute or agency action is found to be unconstitutional, it is invalid. Federal courts also interpret federal legislation and federal agency rules and decisions. This is the administration of justice. And those who head this and govern this arena are said the intellectual and moral vanguards of the justice system. This refers to the head of the judiciary – the justices.

Tani Cantil-Sakauye as the Head of the California Judiciary

Each state has its own judiciary that would do the same role as the national judiciary. Recently in the State of California Gov. Arnold Schwarzenegger declares Tani Cantil-Sakauye as the head of the California judiciary and the California Supreme Court. She is said to be a moderate Republican better known within judicial circles for her skills as an administrator than for legal scholarship or any particular ideological leanings. The question on everyone’s mind is that is she qualified, is she an effective response to the call of the times and is she fit to head the judiciary? To better answer these queries let us look into the current state of the U. S. Justice system.

The US justice system so racked by change and descent, it is consumed by debilitating issues and burdened by grave national issues and is unraveling at the edges. What would be the most potent response to these realities? The answer is a background sensitive to all these and yet with an intellectual and moral core that would enable the person to act sensitively, justly and reasonably. The question should be, is she such a person?

Character, Background and Work Establishes the Choice

Her character, background and work in the judiciary are a testament to all of these. This establishes that the choice making her the head of the judiciary is an answer to the call of the times and a move to address the adversities of the American Legal System and by extension the American government. A justice is torn between the demand to must work with the reality of his or her time while struggling to defend the established legal ideals and doctrines of the law and its foundations. A justice is to balance the ever shifting social climate with the precepts that preserves law, the state and government. These are all superhuman demands but attainable by human character.

September 10, 2010 - Posted by John Villager | News | American Legal System, Arnold Schwarzenegger, California, California Supreme Court, State of California Gov. Arnold Schwarzenegger, Tani Cantil-Sakauye