Firing Line Season 12 Episode 39 Government by Judiciary

Government by Judiciary is the 39th episode of the 12th season of Firing Line, the renowned talk show hosted by conservative thinker William F. Buckley Jr. The episode explores the role of the judiciary in shaping public policy and influencing the direction of the American government.

To explore this topic, Buckley invites three esteemed guests to share their perspectives and engage in a lively debate. First, he welcomes Judge Robert Bork, a conservative legal scholar known for his controversial nomination to the Supreme Court in 1987. Bork argues that the judiciary has overstepped its bounds and is increasingly politicized, using its power to impose its own values on society rather than interpreting the law as it was intended.

Next, Buckley welcomes Harvard law professor Laurence Tribe, a liberal legal scholar and prominent critic of Bork's views. Tribe argues that the judiciary has an important role to play in protecting individual rights and freedoms, and that the Supreme Court has historically been a vital check on the power of the other branches of government. He sees the judiciary as a necessary counterbalance to the potential tyranny of the majority.

Finally, Buckley welcomes journalist and political commentator Christopher Hitchens, who offers a more nuanced view of the issue. While he agrees with Bork that the judiciary can overreach at times, he also believes that the Supreme Court has been an important force for progress on issues such as civil rights and the protection of individual liberties. He argues that a healthy democracy requires a strong and independent judiciary.

Throughout the episode, the guests engage in a lively and respectful debate, with Buckley guiding the discussion with his usual wit and intellectual curiosity. They discuss a range of topics, including the proper role of judges, the dangers of judicial activism, and the potential consequences of politicizing the judiciary. They also delve into the specific issues facing the Supreme Court at the time, such as the ongoing debate over abortion rights and the upcoming cases on affirmative action and voting rights.

Ultimately, Government by Judiciary offers a fascinating exploration of a complex and controversial topic, with multiple perspectives and insights. Whether you are a legal scholar, a political junkie, or simply interested in the intersection of law and politics, this episode of Firing Line is sure to provide plenty of food for thought.