Poland’s Supreme Court in Disarray After Judges Defy Purge

Given the Polish experience of fascism and totalitarianism, it’s interesting that they’re sliding toward the very forms that brought so much violence to their own previous generations. And let the lesson show, too, that post-1989 the marriage of liberalism and capitalism has not worked: the liberal democracies, freed from the specter of the USSR, are turning authoritarian. There’s nothing natural about liberalism and capitalism - even looking at the history of the US, it’s quite the opposite, actually. Now might be time to take out that old Bill Clinton chestnut and make it ironic: “it’s the economy, stupid.” Yep: and until the ‘political economy’ as a whole is challenged - this eagle turned vulture called globalization - the fight in the purely political realm won’t be won. The Poles traded one form of economic authoritarianism for another. The politics is an expression of the dislocation and disruption. What we need, everywhere, is a new SOLIDARITY.

Let's be fair. The requirement to retire for Polish Supreme court judges was on the law books in Poland before Law and Justice took power. If anyone may be blamed for the fact that judges are not appointed for life, it is the current opposition (and post-communists) that cry wolf, not the government. What the current parliamentary majority did was to lower the retirement age from 70 to the one applicable for the general population - 65. If anything, the situation underscores the need to reform the Polish judiciary, who has larger power over the legislation than in the US, as it may stop legislation from becoming law even before it has ever been applied in courts, and fresh blood in the supreme court will definitely be helpful to achieve this.

Dear democrats, don’t pretend you know something about Poland. Just mind your own business, every time you stick your running nose into someone else business the conflict breaks in;

Interestingly, a similar trick was once tried by President Franklin Roosevelt. This was in 1937, and it also tried to use the ages of justices on the Supreme Court in a scheme to stop the Supreme Court from overturning his New Deal initiatives. The difference was that rather than using the ages of the justices to throw judges off the bench President Roosevelt’s “court-packing” scheme would have allowed the President to ADD a justice for each sitting judge over seventy years old. Except this would have required congress to approve. And although President Roosevelt also had a majority in congress the bill was killed by the Democratic Senate. So as popular as President Roosevelt was, and as badly as his New Deal program was needed, this is a nice tale of our system resisting grabs for power, no matter how well-intentioned. And it’s an inspirational tale for those in Washington today in the era of President Trump.

I don't pretend to understand all the political nuances and machinations of this situation in Poland, which as a nation has its own very complex and tumultuous history, but I will say this: after Brexit, expect really chaotic times ahead for the EU. The EU economy right now is weak and sputtering and the refugee question in the EU has fired up the far right and instilled fear in the hearts of EU bureaucrats, especially as Trump ratchets up his open disdain for the EU. I personally believe the EU is entering into a death spiral due to poor economics and demographics and chaotic internal politics going forward. This situation in Poland is but a harbinger and portent of that reality.

They could use some of justice Malgorzata Gersdorf’s courage in the GOP

The independence of the judiciary is a fundamental protection essential to the Rule of Law. To protect equality Courts should not be subject to improper influence from the other branches of government, or from private or partisan interests. However, as I look at the SCOTUS I also see a biased Court captured by Political and partisan interests (eg the recent travel ban and anti labour ruling in Janus v. AFSCME). The politicisation of judicial appointments seems to prevent the development of a judiciary with depth and breadth reflective of a variety of perspectives. Sadly SCOTUS now seems to be a place where regardless of the merits of some cases, the outcome is predetermined along party lines. Jaroslaw Kaczynski insertion of an age limit (70 yrs) on judicial appointments is interesting. While an age limit is standard in a number of jurisdictions, it is usually imposed on new appointments, so as not to be seen as an attempt by the Executive to intrude upon the Judicial arm of the Government. Further, if you must stand down from the bench at 70, will Kaczynski do the same thing next year when he turns that age too?

I lived in Warsaw the past three years, and just got back. I was there when the PIS came into power. What I see makes me realise how vulnerable to power grabs the political system is. The current government doesn't have to much support in Warsaw and in other big cities, where people are more progressive and open. But they have a lot of support in the countryside. A similar situation to the US and Trump it seems. It's a pity because Poland is a great country, a model of post communism development and a bridge between East and Western Europe.

There is no doubt that Poland's current government is trying to reshape the courts, and in authoritarian ways. However, we need to realize that some of what it is doing is also valid. Age limits of 65 and term limits may well be better than lifetime appointments as we do it. We let Supreme Court judges work to ages that would have airline pilots long-retired for being not quite as sharp. There are lessons for America here too. Electing our judges is a system to have candidates for judge begging for money and making promises to potential supporters. Is that really what we want in all our judges, the ones who beg best and promise most? But appointing judges gets into the same political shaping of the courts as in Poland. Trump makes that obvious. However, we already note which President appointed each Federal judge, and which party appointed key state judges. We know it has made a serious difference, for a long time. It did not start with Trump. He may be motivated by even more selfish ends than most, but has this been the best way to do it? We should explore the same things Poland should explore, age limits (not necessarily 65) and term limits, and who is in the pool of candidates, and how are they selected, and just as important who selects them. Perhaps we should have a separate review panel, to de-select them on a regular basis. There is no perfect system. What Poland had was not perfect, nor what it is shifting to, but neither have we, which is more our concern.

I like it. As an American sleeping on my couch in Pajamas, sipping my beer in my air conditioned room, I think we need a civil war in Poland. Its time. If there is none, we should spread democracy once again like we did in Iraq.

The ruling party's attempt to control the judiciary is an undeniably fascistic act -- these fascists are one of America's strongest allies in Europe.

The EU and NATO precipitously expanded into the former Warsaw pact. The collapse of the communist social welfare system with the IMF influenced "shock therapy" has hurt many people. They are angry. Kaczynski has tried to harness their anger, since they are majority of the country, for his right wing political purposes. So the EU is faced with illiberal gov'ts that have spread their discontents into Germany. The same in the US, people want to magically be made prosperous and have their social anxieties fixed. These social anxieties are answered with xenophobic hostility.

Ideally judges are not political. In this case do these judges still hold leftist communist ideologies as the term 'Red Spiders' implies? If so, those elected by Polish voters may have a valid point ridding themselves of those seeking a return of the previous socialist paradise.

As we all start throwing our peanuts here over yet another example of a people dazed and confused by the siren song of the central banking nymphs, in the EU and the USA. Cheered on by Oligarchs sipping vodka. We ignore the Arctic ice melt, as out of context, and no matter what the Polish do with their Supreme court, they and we will pay much more for basic food as the crop yields start to drop and rapid climate change takes hold. That wont stop us, "wiseman" aka. homo sapiens, from arguing, until the end, about who knows better how to make potato pancakes.

Not hard to see parallels with the U.S. and Trump. The fiction of populism is cover for fascism. Mussolini-like appeal to the worst in us, then spread of fear, standardization of lying as truth, all news discredited unless conforming to leadership demands, rural versus urban, champion of ignorance and trampling education, denying suffrage for opposition, eliminating social programs, tax giveaway for the rich and corporations, which are the rich, packing the Supreme Court, legislature rubber stamping, and leadership of one, wrapping all in patriotism, god, and freedom. Poland, Hungary, Russia... U.S. Not so different, just as scary.

You buried the lede: "Law and Justice, which has sought for years to take over the judiciary and resorted to authoritarian means to maintain and enhance its grip on power, said it would soon name judges to replace those now obligated to retire."

Polish democracy hasn't had a particularly long history. The current situation might be termed "growing pains" unless the child is murdered in its infancy.

The Polish judges have a republican (small “r”) cause, and a stubborn determination aided by their historical tradition. Poland was a republic well before the French revolution. It was ruled by a sovereign plural legislature with an elected executive of limited powers who could call himself “king.” We should depend on a similar, if shorter, legacy, going back all the way to the English Commonwealth of the 1640s. No kings, no dictators, no one-person rule, no trumps.

Meanwhile, back at home I say, once the Democrats regain power that we defund two supreme courts seats. Last hired, first fired.

NPR is reporting today that Trump "leaned" on Kennedy to retire. This suggests that Trump et al are scared to death of November. It is also another chipping away at the judicial system here in the US. If the President can "lean" on a Supreme Court judge to retire, can and might they do the same over a case? Countries don't fall into fascism or authoritarianism, they slowly slide until the brakes don't work at all. I'm just thinking of the cries that would have reverberated through Congress if Obama had "encouraged" a SC justice to retire. Hypocrits every one one of them!

Polish people are showing the power of common sense and critical thinking.

There is no reason to think that the United States will not face similar crises and dangers in the near future. It's becoming easier to imagine civil war on our home soil every day.

This might be a great idea for the US Congress to copy. Just lower the retirement age and give the GOP the opportunity to nominate a few more judges. Why wait for nature to take it's course ?

#Poland is shunning democracy for another form of government; for the people, by the people (if you’re in the right #politicalparty, that is). Sound familiar?

After reading this, I have no idea what part of the right wing agenda has been blocked by the current judges. What does right wing mean in Poland? Is there a Fascist party in power? To what degree? Are the judges Communists? Is communism making a comeback in Poland? Said another way, if the right wing succeeds in its purge of the judiciary might we expect ghettos in the aftermath?

No surprises here. Last year I attended a symposium on Polish politics sponsored by the Center for European Politics at Harvard . The speakers were Polish and American scholars, journalists and politicians. The consensus was the move to the hard right was not a result of poor economic conditions but a combination of a sense of cultural dislocation by rural and religious segments of the population and hardball politics within the right wing parties. The prediction was an attack on the courts if the Right garnered enough votes in the next elections. They did. Next step is gerrymandering to give the Right permanent control of the legislative branch. We in the USA should read this a a cautionary tale. It could easily happen here.

Let's pray our own judiciary has the courage to act similarly once Trump tries to seize power.

Thank You and Great Job, Polish Supreme Court Justices. Supposed "strong" men around the world are trying to destroy judicial bodies so they can get uncontrolled power for their International Mafia Top 1% Global Financial Elite Robber Baron/radical religion Good Old Boys' cabal. Only courageous action by average people and those meant to protect 99% of us - including Supreme Court Justices, other judges and legal experts, elected officials and media - can and will stop them and prevent WW3. NOW is the time. Now may be the only time for centuries.

Roy Cohn, Trump's mentor, used to say, don't tell me what the law is, tell me who the judge is. The parallel with Poland's rulers and the US's is more than coincidental. Trump, like Kaczynski wants to remove the Justices who do not agree with him and replace them with those who do. That is what makes it unacceptable and if the protesters in Poland can see it, Americans have no excuse for appeasing Trump.

Right wing dictators always try to destroy a country's legal system. Why? Because it is the legal system that is the first line of defence against the destruction of liberty and the rights of the people. This is a lesson for the USA.