WKNO TRANSCRIPT
CHRISTOPHER BLANK (Host): The most famous panel of judges in the United States is, of course, the Supreme Court. Even the recent decision on tariffs has led to more discussions about polarization in the judicial branch. Well, another panel of retired judges will address this issue this evening at the National Civil Rights Museum. With us for a preview is the Hon. Allyson Duncan with the Fourth Circuit Court of Appeals. Thanks for being with us.
JUDGE ALLYSON DUNCAN: You're very welcome. I'm pleased to be here.
BLANK: Many pundits would say that the courts have followed the rest of the government down the path of party polarization. As a retired federal judge, what's your response to that?
DUNCAN: I did not see that while I served on the federal bench, and I don't see that now. What I see is my colleagues trying very hard to apply the law as they honestly believe it to be, whether the reception will be favorable or not. And of course, we're used to that, since most of the time half of the people don't like us anyway.
BLANK: Well, since the Supreme Court acquired its solidly conservative majority, we've seen state governments like Tennessee passing laws that depend on the overturning of a major precednent. What do you see as the role of the lower courts as these legal battles work their way up?
DUNCAN: Well, of course, the lower courts are where you frame the issues and you flesh out the facts that Supreme Courts are going to consider. But you've made a very good distinction, and that is, most state courts, and I don't know about the one you just mentioned, but in North Carolina, state court justices, Supreme Court justices are elected. The difference, of course, is that at the federal level, we are appointed for life, and part of the reason for that is to smooth out any proclivity toward partisanship in our ranks. And I think it's been largely effective in that regard.
BLANK: You know, so many of our constitutional rights are the result of court decisions, not Congress making a law. So, when courts reverse those rights or just maybe chip away at them, what's your message to people who are surprised by, maybe, the the tenuousness of some of our freedoms?
DUNCAN: Well, I think they have an obligation to make their voices heard in those arenas that are attuned to it, i.e., the political branches of government. That's what they do. The role of the judiciary -- and I wish more people understood this-- is actually contra-majoritarian. The judiciary is supposed to put a break on the force of change that might occur in the legislature and in the executive branches.
BLANK: Is there something that you tell young people who maybe have an interest in law or an interest in a law career these days to prepare them for today's legal climate, or at least political climate?
DUNCAN: I would hope -- but I would tell this to anyone, anyone who wanted to follow current events -- I would say "Could you please get your facts straight?" And it's annoying for a judge to hear someone opine and not have the rudimentary knowledge that they need to speak knowledgeably.
BLANK: Yeah, you know, we often talk about teaching morals in school or ethics in school, but it seems like maybe a little bit of foundational American law might be something that could be --
DUNCAN: Civics!
BLANK: Civics could be very useful in public schools.
DUNCAN: I think that's absolutely right, and of course that was Justice Sandra Day O'Connor's mission in life was to bring Civics education back to the forefront, and I think that is absolutely critical.
Allison Duncan is part of a panel discussion Feb. 26 at 6 p.m. at the National Civil Rights Museum which will also be live streamed at civilrightsmuseum.org.
