'Rogues' and Humpty Dumpty Judges by Thomas Eddlem

Thomas Eddlem has some great comments on his federal jury experience.

The Constitution was written in simple, declarative English language sentences by farmers. It was written in our name, "we the people." Not only does Young’s view belie the first three words of the preamble of the Constitution, "We the people…", but his philosophy essentially charges every social studies and civics teacher across the country with conspiring to make their students ineligible for jury service...

Juries cannot judge the law, Young says, even though he makes all jurors who enter his courtroom swear an oath to judge the “facts and the law.”
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The opinion of the judge is all that matters to Young, not the clear and unequivocal wording of the U.S. Constitution...

Juries must judge the law as well as the fact, which is why the federal oath of jury service requires them to judge both with guidance from a judge. This was true even in Young’s courtroom up until he made me swear a second oath...

Indeed, if judges can legitimately instruct juries to enforce congressional bans against newspapers criticizing public officials, as Young clearly said they can, then juries are nothing more than stage props for pretended legitimacy. Indeed, if judges can legitimately instruct juries to enforce congressional bans against newspapers criticizing public officials, as Young clearly said they can, then juries are nothing more than stage props for pretended legitimacy...

I am against the type of "rogues" Judge Young describes in his memorandum, the kind of people who ignore their oaths to judge the "facts and the law," throwing the law to the wind to substitute their own political agenda. But as a whole, the handful of "rogues" across the nation are far less dangerous to the rule of law than Humpty Dumpty judges.

'Rogues' and Humpty Dumpty Judges by Thomas Eddlem