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"Civil Action" Attorney Jan Schlichtmann Discusses Judiciary as "Diseased Branch"

January 25, 2012

The聽U.S. Supreme Court ruling in the Citizens United case highlights an underlying problem in the nation鈥檚 system of justice, attorney Jan Schlichtmann said during a visit to the law school on Jan. 25.

In the聽ruling, the court struck down provisions of campaign finance reforms, barring the government from limiting political spending by corporations and unions.

Contending the ruling 鈥渟trikes at the very heart of democracy,鈥 Schlichtmann said the decision raises troubling questions that underlie the judiciary itself.聽

鈥淚t鈥檚 not rooted in democratic ideals,鈥 Schlichtmann said, noting that judges have been granted 鈥渕onarchic鈥 authority, as reflected in the robes they wear and the fact that courtroom occupants must rise when they appear or face contempt charges.

Schlichtmann said his experience representing families of cancer stricken children who sued two companies who had polluted the Woburn, Mass. water supply also illustrates the problem.

鈥淚 got a bad judge,鈥 Schlichtmann said, referring to the modest settlement his clients received in the massive case that inspired a best-selling book and movie, 鈥淎 Civil Action.鈥 鈥淚 don鈥檛 think justice should depend on the judge you get.鈥

Decisions to put聽secret tribunals in charge of cases involving alleged terrorists at Guantanamo Bay and to appoint a commissioner and a 鈥渃zar鈥 to handle the claims of 9/11 survivors and victims of the Deepwater Horizon oil spill illustrate a widespread lack of confidence in the judicial system, he said.

The phrase engraved on the U.S. Supreme Court, 鈥淓qual Justice Under Law,鈥 was worth fighting a revolution for, Schlichtmann said.

鈥淪ome can do a lot of damage to all,鈥 he said. 鈥淒on鈥檛 just accept things as they are.鈥

Schlichtmann鈥檚 appearance was sponsored by the American Constitution Society and co-sponsored by the Drexel Health Law Society and the Drexel Environmental Law Society.