Alaska Supreme Court system puts its own judicial activism policy in writing - Must Read Alaska
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Alaska Supreme Court system puts its own judicial activism policy in writing

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By SUZANNE DOWNING, EDITOR

The Alaska Supreme Court has left no doubt that it is an activist court. It has weighed in on the events that unfolded subsequent to the killing of George Floyd, a Minneapolis man who died at the hands of police, and whose death has become a rallying cry against the United States in general.

After days of violent riots around the world (as well as peaceful protests in Alaska), after many innocent people were curb-stomped by rioters across the country, after law enforcement officers were beaten and killed in cold blood, the Alaska Supreme Court posted a letter of sympathy for the insurrection that could have been written by the Alaska ACLU.

“As we watch events unfolding in the aftermath of the death of George Floyd, we are saddened to see again that the ideals on which our society is founded are far from the reality of many people’s lives. We recognize that as a court system we must commit ourselves to making these ideals real by once again dedicating our efforts to ensuring that we provide an accessible and impartial forum for the just resolution of all cases,” the judges wrote.

Read that again. It was not the death of George Floyd, but the events that unfolded after his death that have prompted the judges to clutch at their pearls in a virtue-signaling letter that sends a message all the way through the Alaska court system, to lower court judges, workers in the judiciary, prosecutors, and defense attorneys.

Here’s what that Supreme Court is signaling: Since African-Americans, Alaska Natives, and other people of color “are not treated with the same dignity and respect as white members of our communities,” the courts “must do more to change this reality.”

What does that mean, in practical terms? Not arrest criminals? Not prosecute drug dealers or human traffickers? Allow looters to destroy businesses? How do the black-robed judges propose to change the hearts of the society they live in, or is it even their job?

Critics say that the job of the Third Branch of government is to uphold the law, to rule impartially, and to deliver justice.

But the Supreme Court chose last week to undergo a a very public Maoist Struggle Session in writing for all to see, to examine their own hearts and personal histories for bad things, such as their role in societal inequities, and to say that society needs to be better than it is. The letter was very nearly an apology for their white privilege.

The judges say that they “must work with our neighbors to help heal the raw wounds of racism and history that have been so painfully laid bare. It is only by working together that we can hope to move beyond the pain that is so evident today.”

Healing the raw wounds in society has now become their job?

Most people recognize that no matter the criminality of George Floyd, his death was an outrage. But the national riots that followed also have markers that the passions of a pent-up, unemployed public was being manipulated by Antifa, a tentacle organization that has probably been infiltrated by bad actors and possibly even foreign agents to create chaos and provoke police response across the country. There is plenty of video evidence that provocateurs were at work across the country to turn a valid protest into breaking and entering, looting, pillaging, murder, and hate crimes against whites.

The justices didn’t need to wade in on this. Chief Justice Bolger should have used better judgment.

Nowhere in the letter did the justices say that victims of crime deserve justice.

Nowhere in the letter did the justices say that the burning of St. John’s Church in Washington, D.C. violated the rights of Americans to exercise their First Amendment freedom of religion.

Nowhere did the justices acknowledge that the storming of the White House last week was an illegal attempt to overthrow the government of the United States.

Nowhere did they express thanks for our law enforcement officers who leave their homes each morning, hoping they will live through the day to return home.

In fact, the judges simply wrung their hands and waffled on what should be done about the imperfect world we all live in.

The June 8 letter was about virtue signaling, letting protesters know that, if they are arrested for breaking a window during a protest, the court system will take it easy on them for the sake of social justice.

The justices cannot presume that their societal pronouncement lands in the public arena without context. Days of rage and lawlessness had preceded their decision to release this letter of white judicial culpability.

Chief Justice Joel Bolger has stepped into the political arena before. His last publicly posted letter was posted in 2019, warning Gov. Mike Dunleavy to not cut the court’s budget and advising that the courts need to remain independent. In so many words, Bolger said the court was under political pressure. He went before the Alaska Federation of Natives and asked for their help to protect the court from administrative budget cuts.

This is the same court that decided the governor could face a recall election this year. And the same Supreme Court Chief Justice who only recused himself from that decision-making panel after Must Read Alaska pressured him to do so.

[Read: Refuse to recuse]

[Read: Under pressure, Supreme Court Chief Justice recuses]

The duty of the court is not to jump in and pronounce society as unfair. The duty of the court is to make it fair each and every day as it adjudicates questions of crime and matters of civil disagreement.

But Alaska’s Supreme Court has jumped feet first into the Days of Rage drama, as Antifa and Black Lives Matter conspired in an actual attempt to overthrow the government.

The Alaska Supreme Court justices have shown their judicial activism card and we have seen it. Perhaps the very best thing they can do now is to simply resign, since their white privilege cannot be redeemed, even if they took a knee.

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Suzanne Downing had careers in business and journalism before serving as the Director of Faith and Community-based Initiatives for Florida Gov. Jeb Bush and returning to Alaska to serve as speechwriter for Gov. Sean Parnell. Born on the Oregon coast, she moved to Alaska in 1969.

Latest comments

  • It is inappropriate for the highest Court in Alaska to make any statements as a body or individually that contain and / or advocate any political agenda. If an individual judge made these statements I am pretty sure that, at least in the recent past, the Judicial Conduct commission would take action by filing an action to sanction the judge for a violation of the Judicial Canons of Ethics. Those days may be over.
    Regrettably the trend had been established and Judges will continue to be political Activists until Alaskans vote them out if office.

  • It’s about time the people who profess their allegiance to the Conservative side of the political aisle, which is less government, more personal freedoms with private enterprise and the goal of preserving social stability, should stand up and decry this absolute sham of political cowardice by a branch of the State government that shouldn’t even be weighing in on something that is a total sham to begin with.

    What I mean is that that the “Black Lives Matter” movement is an illegal movement to start with. For the national attention it has gained is a direct result of a lie that’s been force-fed by a media hell-bent on destroying our President and the United States in general. I have the right to declare this Supreme Court totally our of their freaking minds!

  • The Walker PFD decision in a nutshell…. Judicial activism in its finest hour. Just look at the hell it has turned loose for those willing to mandate their feelings over what was written Law. Just look at our Legislature as they now justify tyranny through hive voting over constituent desire.

    Return to the rule of law will mean incarceration for those who chose this vile path.

    And for those who love this State and its Constitutional law abiding foundation this will not come soon enough.

  • Vote no on all judge retention ballots.

  • “Healing the raw wounds in society has now become their job?” Even our judges want to proclaim they’re not racist, since we as a society who have never taken a basic debate class or forgot our lessons: Remaining silent does not automatically mean you support or deny a position.
    Indeed, sometimes silence is golden. Sometimes it is yellow. By choosing to make a vocal stand, rather than remain silent, it means even they fear the mob’s stunted intellect that “if you don’t stand with us, you stand against us!”
    Civil discourse? No.
    But a window? Acceptable.
    Declare everyone else the enemy if they don’t acknowledge and embrace your opinion? Glorified.

  • This is an invitation, if not a plea, for Alaska protesters to ramp it up. This court cannot indict our society in this way without also indicting the law, law enforcement and lawmakers. It’s clear to me that these justices want to see something happen outside of the law, perhaps protesters taking over a section of Anchorage as has happened in Seattle, or possibly something more sinister. It’s the courts that found the Hootch settlement equitable – this court actually. It’s the courts that found that ANCSA extinguished all aboriginal rights in return for 44 million acres taxpayer-owned land and $1 billion in taxpayer money. These justices are not only renouncing court findings and decisions, they renounce the rule of law.

  • The most corrupt judiciary in the country.

  • All this time I have thought the “supremes” job was supposed to be as an apolitical body, unopinionated and mandated to interpret and protect the Constitution and laws or challenges directly to that Constitutional law. Not to use their offices as a political platform, either pro or con, on any issue outside Alaska’s highest courtroom. The leftist “supremes” political attempt at intimidation of Alaskans, if they dare be white, is absolutely unconscionable, illegal, immoral and just plain wrong. I’m pretty sure they took an oath to uphold their offices in the prescribed fashion, not as political tools. With the “supremes” being the highest court in the State, what is the next step to removal? These “supremes” are already attempting to influence the coming Alaska election, worse than the last, through the “authority” of their own offices. Remember when they wrote the “anonymous” letter to media leakers, when Governor Dunleavey vetoed their “abortion funding”, as a separate entity, completely (supposedly) unaffiliated with ‘unplanned parenthood’ and their sworn duty as “Justices”? They’re part of the “recall committee”, up to their black robed necks. The leftist, democrat agenda is dictating, not only those ‘hallowed’ halls of congress’ policy in Alaska, that same agenda is being promoted by the very “justices” who are sworn to prevent it. Blatant violation of office that borders on sedition. That’s an opinion I’m open to argument over.
    Remember in November.

  • Political correctness and judicial reactionism to the George Floyd death. Plain and simple. This court is supposed to be neutral and to rule only on the law, not on what they think constitutes a good politically correct outcome. This violates their oath as SCt justices and is grounds for suspicion of their future rulings. It also opens the door for ethics complaints against the judiciary. This was a reactionary move to make the SCt appear to be more than it is lawfully allowed to be. These justices let their emotions, their White-guilt complexes, and their political bias-of-the-moment guide them. All of their future rulings should be examined with strict scrutiny for political bias.

    • The Alaska Supreme Court is not hoodwinking anyone. The public fully understands why they have become political activists. They have lost the public trust. We can no longer count on them to be fair, unbiased, and without political proclivities. They are not an elected body. As Marla stated above, they deserve every bit of public scrutiny available from here on. And they will be held accountable. They cannot hide behind a black robe.

    • Judicial activism is so hard to conceal, once it’s been exposed. But the entire Supreme Court? That’s unprecedented.

  • It is not surprising that the members of the AK Supreme Court have come out in writing to the public admitting they do not judge cases on the basis of the law or Constitution. They feel a moral duty because of either perceived or real social injustice to decide cases based on their personal view of past and current society.

    I have always believed that Lady Justice was Blind and judged all before her based on impartial law and equality. These judges have publicly destroyed those principles and anyone’s case appearing before them will be judged on basis of race, social status, ancestry, or the willingness to commit violence and riot.

    If you are White or Caucasian they will consider any possible perceived racist and social injustice by society. White society must atone for these crimes first regardless if you have any history of every being racist. Your race has made you more guilty than the oppressed or minorities.

    If you are Black or Alaska Native they will decide your case with prejudice towards the past injustice that your group’s race may suffered through out history. Favorable treatment will be extended to you even if the possible injury was four-hundred years ago. No justice regardless of the law means no peace! We no longer punish individual crimes or actions but apply group responsibility and punishment.

    First we eliminated slavery, then granted the right to vote and own property, desegregation, the Great Society, preferentially treat for minorities and women, destruction of family unit, elimination of sexual identity and any moral code, hate speech, hate crimes and NOW all Caucasian members will be judged and punished for the perceived injustice for over four-hundred years of our history.

    Time to pull down any statutes of Lady of Justice and remove any depictions or reference to equality under the law or blind justice.

    Replace her without the blind fold and have the scales lopsided weighed down my statures of Whites and the other side raised high to show the correction for injustice. Re-write the the Constitution removing all references to equality and equal treatment. Those principles no longer apply in this Country.

  • Alaska Supreme Court Justices…what a bunch of idiots! The screaming, floor kicking Judge Bolger is the leader of the idiot pack. Change the state constitution and put all judges in by voting them in and limiting their terms. We don’t need “IDIOTS” on the bench whether its Supreme Court of Superior or Magistrates and Probate. They do their “buddy” routine and freely appoint their buddy into a job and can’t do that right. Look at the past criminal bills and how these judges managed cases. What a mess…

  • What did you expect? They have never camouflaged their true colors under their black robes. This is a silly and shameful court in a dark farce of impartiality.

  • Give ’em guitars and let them sing folk songs.

  • I was wondering what “case or controversy” is being addressed by the Court’s action…? Who are the parties? What remedies are being sought? What relief is being granted? To whom? What orders are being entered? How will those orders be enforced? Just a few questions.

  • On the State of Alaska webpage one can read the pledge of fairness. The fundamental mission of the Alaska Court System….

    I’ve been writing letters to Congressman Young for over a decade and he doesn’t respond. When the government(s) violates an individual’s (and many people) U.S. Constitutional rights, he needs to go back to Congress and an amendment is needed so that there is a roadmap to ensure equality of all American citizens.

    I’ve been writing to Alaska Senators and Representatives for many many years about a Healthy Workplace Bill. The Alaska Legislative Council adopted Professional Workplace Conduct Policy April 23, 2018 which is basically an internal anti-bullying policy. Good read! Keep speaking up and writing to your Senators and Representatives and maybe soon there will be a Healthy Workplace Bill introduced.

    For now, I’m.going to keep waiting and praying ? for a roadmap to ensure a way for reconciliation and reunification ?

  • Do not take the bait. Judicial corruption is far and wide. Once you become a target of any government agency the court system supports the agency. It matters little on the shade of your skin.

    It has happened to President Trump and Alaska Senator Ted Stevens. From the top on down. Judicial corruption id far and wide for all people. But lawyers want us to believe whites are privileged class. Hogwash, we can all become targets if we cross the wrong government agency.

    Lawyers like to keep the people divided. In that way they keep us under their thumb.

  • In their letter, the justices admit that they are racist and unable to judge impartially based upon skin color, further they cry out for future judgement based upon skin color. If these people are unable to be impartial judges and are incapable of not juding a person based upon their skin color then they should resign immediately. What a shame that the entire AK Supreme Court wrote a letter admitting that they are all racists and yet they apparently DEMAND they be allowed to continue to judge.

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