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There is obviously a line between what is and is not a permissible search somewhere and it's virtually inevitable that judicial rulings will from time to time err on both sides of that line (and they do). Punishing judges for ruling in ways which are later overturned would destroy rule of law at a fundamental level.

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autoexec 5 days ago | parent | next [-]

> Punishing judges for ruling in ways which are later overturned would destroy rule of law at a fundamental level.

Not where people's most fundamental rights are concerned. What it would do is cause judges to err on the side of caution before making a ruling that would violate the constitution which is exactly what we want judges to do.

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rainsford 4 days ago | parent | next [-]

That's obviously unworkable if you consider that even the Supreme Court's interpretation of fundamental rights can change over time. If a future Supreme Court overturns a prior Supreme Court decision in a way that expands a particular right, do we punish all the judges who followed the previous precedent? If we do, then we have a judicial system that encourages individual judges to ignore the Supreme Court, which doesn't seem like a good setup.

But more fundamentally, the system you're proposing doesn't just incentivize judges to err on the side of caution, it incentivizes them to never rule in favor of the government and just punt the decision to the next level. If the cost of ever being overturned on appeal in favor of an individual's rights is losing their job, while there is no corresponding downside of ruling the other way, there's basically no reason to ever risk granting a warrant, for example.

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immibis 4 days ago | parent | prev [-]

Then a Republican judge could just rule that obviously constitutional things were unconstitutional and punish all judges who don't agree, right?

	▲	autoexec 3 days ago \| parent [-]
		Judges who violate the basic rights of other judges would also be subject to some level of accountability though. At a certain point, we have to trust government officials to at least attempt to do their jobs and we need to have ways to address the situation when they don't. It shouldn't matter if that judge is a democrat or a republican. Right now there is currently zero accountability. At best, when a judge violates people's constitutional rights some small number of those people will be able to get an unjust ruling overturned at which point they might be released from prison or might get some monetary payout at the expense of taxpayers, but the judge is still free to do whatever they want without consequence knowing that at least a few people will be unable to assert their rights. Considering that unaccountable judges are where we're starting from, I think having a means to make judges accountable can only improve things. Given the choice between judges being able to violate people's rights without any accountability or a system where judges have some level of accountability for the most egregious violations of our rights, even while that system requires us to make sure that it isn't being clearly abused, I think we're better off with the option to get some accountability where it's needed. It doesn't need to be a perfect system to be a better one, and it feels like we could put some guardrails in place to keep the amount of obvious abuse down. It's difficult to believe that judges willfully violating people's rights without consequence is an unsolvable problem, let alone one that couldn't possibly be improved somehow.

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AngryData 4 days ago | parent | prev [-]

The Rule of Law is already being broken by a judge saying the law doesn't matter when it is convenient to getting a conviction, meanwhile for normal citizens ignorance of the law is not a defense.