Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Thursday, February 10, 2011

Staying Sonia

Last week, before snowpocalypse blanketed the ground and dominated all news, I had the opportunity to attend a speech given by Justice Sotomayor.  I've been lucky in my life to see quite a few United States Supreme Court justices speak.  Since I started college, I've seen a sitting Supreme Court Justice speak at least every other year.  And, in law school, I had the opportunity to (but did not win the lottery to) attend a class taught by Justice Thomas.  While hearing a speech certainly doesn't mean I know or understand a person, hearing our Supreme Court Justices speak - about their interpretation of the Constitution, their struggles balancing work and life, their dedication to their job - has given me an immense respect for each and every one of them,  no matter what I think about their politics. 

Justice Sotomayor was no different.  Before the speech I honestly didn't know much about her.  Of course, I knew the same things everyone knew, but I didn't watch her confirmation hearings with the rapt attention so many of my colleagues did.  (I did think she won the "Who Wore It Best" challenge posted by Above the Law when she wore an outfit almost identical to one worn by Justice Kagan in her confirmation hearings).  After the speech, I knew a few more things about Justice Sotomayor (and I knew that I never, ever, never want to be a Supreme Court justice).  But one of the things that stuck with me was when she was asked about the legacy she wanted to leave.  I'll never do her words justice, but Justice Sotomayor said something along the lines of if she knew what she wanted her legacy to be, she wouldn't be growing, and she wanted to grow in her position as a Supreme Court Justice.  And then she said that she would consider her time on the Court a success if she "stayed Sonia." 

What an inspiring comment.  It only makes sense that as our lives grow and change we grow and change too.  That's a good thing.  But so often in life I find myself caught up in being an attorney, being a mom, being a wife, being thinner or being whatever, that I forget at the core of it all, I'm still Karen.   I forget that at one point in my life there was a Karen who liked reading and aerobics and walking and cooking. There was a Karen who made time to hang out with her friends.  A Karen who didn't spend all weekend running between gymnastics and Walmart and hockey and Target.  A Karen who believed that by giving her best to everything she did, she could make a better world for herself. 

Somewhere in my struggle to balance having a husband, a family, a job and a three hour daily commute, I lost a lot these things.  Or maybe not lost them, but they got pushed aside.  Novels were exchanged for cases and briefs.  Cooking turned into crockpot.  And my circle of friends (with the exception of a few who have hung in there and for whom I am immensely grateful) became my kids and parents.  While I'm grateful for all of the things I've gained, Karen has gotten a little lost. 

 I tell my kids again and again that our differences make us special.  That they should celebrate who they are.  But at the same time, I'm pushing away the very things that make me special and sending the message that some things are more important than staying true to yourself.   I don't want my legacy to be that I sacrificed my individuality just so I could make it through the day.  I want my kids to see that my differences make me special too. 

I'm resolved to relocating Karen and incorporating her into the many hats I already wear day to day.  Thanks to fantastic friends and family, Karen is constantly evolving to a better person.  Hopefully my legacy is too.  It would do me no good to stay Sonia, but I certainly am going to try to "keep Karen." 

Karen

Thursday, November 4, 2010

From my Toy Box to the Soapbox...

I know that by now, two days after election day, you are (like me) extremely tired of hearing the political banter, comments, and stories. You are probably still recovering from spending two days seeing nothing but red and blue! And you are probably thankful (like me) that you can now listen to the radio and watch TV without being subjected to the ads and smear campaigns.

So, the last thing I wanted to do was blog today about politics. BUT…

When we started this blog, I promised myself that I would blog about whatever is on my mind for that day or week, no matter how important or insignificant the topic is. I realize that because my kids are always at the forefront of my thoughts you normally get such “riveting” topics from me such as Wal-Mart complaints, what is brewing in my crock pot, and tales of Blackberry bandits. But, today I have something much larger on my mind. So if you will please allow me for a moment to step off my toy box and onto a soapbox...

I am normally not one to get into politics. I mean let’s face it the only “donkey” and “elephant” in my life are Eeyore and Dumbo! Although I am a proud Democrat and keep up the best I can on political issues, I don’t really participate in the political process (outside of voting of course). But, every now and then an issue comes up that I really get behind or upset about and that happened this year.

I live in Iowa and practice law in both Iowa and Illinois. In Iowa, our Supreme Court Justices are appointed through “merit selection”. Briefly, for my out of state readers, merit selection begins with a nominating commission of fifteen citizens, a chair who is the senior associate justice, seven of whom are non-attorneys appointed by the governor, and seven of whom are attorneys elected by attorneys. Iowans for Fair and Impartial Courts, website. When there is a vacancy on the court, judicial applicants submit their applications to this nominating commission, the commission reviews the applications, and then nominates the top two or three most qualified individuals. Iowans for Fair and Impartial Courts, website. The governor makes the final decision on who to appoint. Once a judge is on the bench, regularly they are placed the general election ballot for a retention election where the citizens decide whether that judge should retain their seat. Iowans for Fair and Impartial Courts, website.

The merit selection process is designed to keep politics out of our courtrooms. Essentially, the judges don’t have to fear about the decisions they make because they are not elected officials. They can simply apply the law and Constitution without the giant elephant (or donkey) in the room. In my opinion, this is how justice should be. They say “justice is blind” right? So this “blindness” should mean we will not stand for politics invading our justice system.

But Tuesday, I sadly learned my opinion is in the minority in my state. This election, three Iowa Supreme Court justices lost their seats in the retention election. The justices’ removal marked the first time an Iowa Supreme Court justice has not been retained since 1962, when the merit selection and retention system for judges was adopted. Des Moines Register, 11/3/10. This decision was “a historic upset fueled by [the Iowa Supreme Court’s] 2009 decision that allowed same-sex couples to marry”. Des Moines Register, 11/3/10. In 2009, the Iowa Supreme Court declared that the law banning same sex-marriages violated the constitution’s equal protection rights of gay and lesbian couples that wish to marry. Des Moines Register, 11/3/10.

Now, although I respect them, I don’t care about your opinions on same-sex marriage. I understand it is a hot topic in our time and there are adamant voices on both sides of the fence. So, I’m not here to argue the merits of the 2009 decision by the Court or whether same-sex marriage should be allowed. But I want a justice system that ignores the political banter and makes decisions based on the law, not the beliefs of Americans. To boot three justices off of the Iowa Supreme Court because they interpreted the Constitution and ruled the same-sex marriage ban was unconstitutional makes no sense to me.

What this vote means is that now instead of ensuring their opinions and rulings are based on the law and Constitution the justices are always going to think in the back of their heads: “Wait, what is the public going to think of this? Am I going to lose my job if I affirm or reverse this decision?”

I think what angers me the most about this decision is the fact that as a lawyer I am subject all the time to lawyer jokes, comments about how our justice system is flawed, etc. Yes, our justice system is not perfect, but its decisions like this that allow it to become this way. Being a Supreme Court Justice should not be a popularity contest…its about following the letter of the law and not worrying about what others think.

I wonder how many Iowans really knew the effect of this vote when they filled in those circles on their ballot. I wonder if they knew that what they were doing was going to damage our judicial system. They are taking our fair and impartial courts and turning them into just another political playground. And in case you are curious just how much politics played a role in this decision: Groups that wanted the justices out poured more than $650,000 into their efforts with heavy support from out-of-state conservative and religious groups. Des Moines Register, 11/3/10.

When I found out about this historic decision, I looked at my kids and wondered what the face of the judicial system will look like when they are adults. I don’t want them growing up with a judicial system that is more concerned with what is popular than what fits the letter of the law.

Thanks for letting me vent…now down off my soapbox and back on my toy box I’ll go. I know this blog post was much more serious than I normally post, so just so you know it is actually me that is writing this…the crayons that replaced the pens in my briefcase today were peach!

And I hope this goes without saying, but this post contains my thoughts and feelings on this subject alone...no thought here is meant to convey the thought of any other JD Mom but myself!

Mandi