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Tuesday, October 19, 2004

AUTHOR OF GAY MARRIAGE DECISION DECRIES POLITICIZING JUDGE SELECTION: From the Associated Press

[Am I the only one who suspects the headline writer of a slightly mordant approach? --Eve]

The author of the landmark gay marriage decision that triggered political backlash across the country warned Tuesday against efforts to tamper with the independent judiciary system.

Margaret Marshall, chief justice of the state's Supreme Judicial Court, told a gathering of business leaders that she welcomed scrutiny and criticism of the court's decision, but she decried attempts here and elsewhere to subject judges to elections.

''Our system has worked for 200 years, where you have independent judges who are not beholden to the elective public,'' Marshall said. ''I know that sometimes seems controversial, but it has worked.''

In a rare public appearance, Marshall also told the Greater Boston Chamber of Commerce that ''overheated factionalism is exerting tremendous pressure'' on the nation's founding ideals. ...

''The governor believes the process works well so long as the judges appointed do not legislate or assume for themselves the power of legislating,'' Romney communications director Eric Fehrnstrom said.

During her remarks, however, Marshall described how the state's constitution, upon which the U.S. Constitution was based, created for the first time a judiciary that was not beholden to the legislative body.

''Their function now would be to decide each case solely on the rule of law, and only the rule of law,'' Marshall said.

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