by Justice Cynthia Ackron Baldwin (ret.)
The Pennsylvania Supreme Court, the oldest appellate court in the United States, is celebrating its 300th Anniversary. While we all should be proud of our court’s place in American history, we cannot be proud that in 300 years, only three (3) people of color (Justices Robert N.C. Nix, who became Chief Justice; Justice Juanita Kidd Stout; and Justice Cynthia Ackron Baldwin) have served on the court and only Justice N.C. Nix served by election to the court. Both Black women who have served were appointed to the court, Justice Stout by Governor Bob Casey and Justice Baldwin by Governor Ed Rendell. What a dismal record!
Courts should reflect the diverse population that they serve. Not only have there been only three Blacks, there have been no Asians, Hispanics or Native Americans. Unfortunately, the more political the courts become, the less diverse they become. This issue was recognized by our Founding Fathers. In Federalist Paper Number 78, Alexander Hamilton wrote this after determining that the judiciary is the weakest o f the three branches of government because it controls neither “the sword or the purse”:
“… that it can never attack with success either of the other two [the legislative or the Executive], and that all possible care is requisite to enable it to defend itself against their attacks. It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive. For I agree, that ‘there is no liberty, if the power of judging be not separated from the legislative and the executive powers.’” [Bold added.]
The members of the judiciary are elected at all levels in Pennsylvania so we do have a voice on who serves in the judiciary. As we can see with the current hullabaloo over whether Roe v. Wade will be overturned by the United States Supreme Court, it does matter who sits on the bench, whether in state or Federal courts and it does matter what power is exerted over the members of the judiciary by the legislative and executive branches. The people who strive to be members of the judiciary must not only know the law, but remember they are not placed on the bench to advocate or adjudicate their own beliefs or the beliefs of the political party to which they may belong, but to assure that the law has been applied to the facts at hand as guided by the Constitution and precedent ensuring all Americans equal justice under the law. As someone once said, the U.S Supreme Court is both the guardian and interpreter of the Constitution. That is also true of our state Supreme Court. Let us be diligent in examining the people whom we place on our courts. Happy Anniversary, Pennsylvania Supreme Court.
(The Honorable Cynthia A. Baldwin (ret. PA Supreme Court))
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