Liberals frustrated with the current direction of the U.S. Supreme Court have initiated another round of Court-packing schemes. These proposals are nothing more than sound and fury for an agitated left-of-center base, but Russell Wheeler of the Brookings Institute offers a typically insightful and sober analysis on a possible disconnect between the Court and the public, and what might result after 2020. It’s well worth the read.
Yesterday, the lower house of the Polish legislature passed a highly controversial reform bill that gives the executive branch enormous power to select and remove judges, including the entire Supreme Court. The Polish senate is expected to approve the bill today, and President Andrzej Duda is expected to sign the bill shortly thereafter.
The bill has drawn criticism from both domestic and international circles, where it is widely seen as a threat to judicial independence and the rule of law. During the parliamentary debate, opposition leader Grzegorz Schetyna accused the ruling Law and Justice Party of “destroying Poles’ right to an independent court … destroying the foundations of freedom, of parliamentary democracy.” Thousands of people rallied against the bill in Warsaw last Monday, and another major protest took place yesterday. Now the European Union is threatening to strip Poland of its voting rights within that organization.
Law and Justice (PiS) has argued that the reforms are needed because the Polish judiciary continues to operate along communist-era lines, and ordinary citizens do not feel that “the system is on their side.” Critics see this justification as a naked power grab which effectively places all three branches of the Polish government under the control of a single party.
When arguments are clothed in the language of populism, it is often difficult to assess their accuracy and sincerity. I have no doubt that the Polish people are still scarred by two generations of communist rule, but a widespread judicial overhaul that consolidates power in the hands of a select few hardly seems like a serious effort to restore the judiciary to the people. This editorial underscores the point.
Still, I welcome anyone with a more intimate knowledge of Polish politics or this particular legislation to offer thoughts on the legislature’s motives in the comments.
Several months’ worth of rumblings over the fate of the Polish judiciary came to a head this week when the country’s legislature debated a controversial judicial reform bill. Like the judicial crisis in Ireland that unfolded earlier this summer, the Polish controversy is worth unpacking and monitoring closely.
The reform bill discussed this week was shepherded through the legislature by the Law and Justice (PiS) Party, a populist, conservative party that has been in power since 2015. The bill would give legislators and the Justice Minister the power to appoint new judges without input from the judiciary. It would also create a new code of ethics for the country’s judges. A second bill would require all Supreme Court Justices to resign (unless permitted to stay by the Justice Minister), and new Justices appointed in their stead. The PiS leader, Jaroslaw Kaczynski, has justified the moves by saying that the country’s judiciary had not sufficiently reformed from its communist past, and that “radical changes” were needed.
Opposition leaders and other European observers have painted the bill as a power grab that would compromise judicial independence and threaten the rule of law, and have even asked for international oversight of the vote on the bill. On Sunday, thousands of protesters jammed the streets of Warsaw to protest the legislation.
What should observers make of this?