Appointment of Kagan in US Apex court causes furore
Elena Kagan has been appointed a judge of the US Apex Court by President Obama. There is a furore all over this decision. Much is being spoken for and against her appointment.
ELENA KAGAN has been appointed a judge of the US Apex Court by President Obama. There is a furore all over this decision. Much is being spoken for and against her appointment. By the way, she is the fourth woman judge of the highest court. But that is not an issue at this point of time. Men and women who view her appointment from the other side of the hedge, consider this lack of experience as a judge, a major lacuna. Their argument is that a lady who never presided over the legal proceedings of a district court has now been promoted to preside over the legal cases listed at the Apex court. Will this lack of past experience as a judge likely to result in a miscarriage of justice? May be, may not be. it all depends on the circumstances of the case and how the counsels for both the parties to the suit argue. it is a well known fact all over the legal circles that the battery of lawyers study hard, prepare the case, argue well and ,if required by the judge, present the case in the form of written arguments. Thus the judge gets both facts and law on a silver platter and he or she just calls the secretary and dictates the judgement to be pronounced in an open court. APPEALS AGAINST JUDGEMENT The judges of the lower courts or the district courts have to burn the midnight oil to write a judgement and an order on a ticklish case involving interpretation of facts and law. If this judgement is faulty, the Court of Appeal will overturn it. Too many reversals in the case of a particular judge will go against his or her career interests. So they exercise great caution. Fortunately, no superior court will sit in judgement over the judgement and order passed by Justice Kagan. She has been appointed a judge of the Apex Court. However, it does not mean that she can lower her guard. No, not at all. After all, the brother judges are watching. The legal fraternity will keep her under the lens for quite some time until she proves herself worthy of the post she has been elevated to. But there is no need to be nervous on this issue. After all, Justice Kagan has been the Solicitor General of the United States of America. Hasn't she handled difficult cases and tendered advice to her superior, the Attorney General of the United States? Of course, she has. Her stand on issues was appreciated and she stood vindicated. WHY THIS FUSS NOW Kagan is young and is likely to remain on the bench as a judge for a long time. Her judgements interpreting law would have the status and sanctity of law passed by the legislature. So the opposition is rather vary of her appointment. While the Democrats have rallied round President Obama in the matter, the Republicans have raised a hue and cry to question this appointment on points discussed heretofore.This gives the Republicans a leeway and they will gain strength to pin down the Democrats on other issues. The national and international media too has given this appointment the importance it deserves. Both the parties are marshalling facts, presenting arguments and announcing from house tops that the legal system is sound or that it is touching rock bottom of credibility. it all depends whether one is a Democrat or a Republican. Observers from neutral countries too have taken an equal amount of interest in this appointment of Kagan. America, at this point of time, is the Leader. Whatever America does or says makes news. Until China comes on the Centre stage, USA will continue dominating the scene and the show. We in the third world will appreciate or criticise the super power depending on what its attitude has been in dealing with issues that concern us. Back to the subject; appointment of Kagan as a judge of the Apex Court, we in India have taken an academic interest and no more , no less. We the people of an independent republic that believes in the Rule of Law, wish Kagan well and pray for a successful tenure on the bench.
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