Final Decision: The Dignity Of Judge Karen Williams
Federal judges, whether liberal or conservative – from Reggie Walton on Libby to Vaughn Walker on al-Haramain and the consolidated wiretapping cases in NDCA to the Republican appointees finally giving Guantanamo detainees Habeas consideration to the Supreme Court Justices that were the only check whatsoever on the unitary power grab of the Bush/Cheney brigade – live and serve in mostly quiet and unappreciated dignity.
That is certainly the case with Fourth Circuit Judge Karen Williams:
Karen Williams of South Carolina, the first female chief judge on the U.S. Court of Appeals for the 4th Circuit, stepped down this week shortly after learning that she was in the early stages of Alzheimer’s disease, according to her family. Alzheimer’s, for which there is no cure, can cause mental deterioration and memory loss. Williams is 57 years old.
The 4th Circuit, an influential voice on national security issues, hears cases from Virginia, Maryland, West Virginia and the Carolinas. Earlier vacancies have whittled away its strong Republican majority, and the court now has five judges appointed by Republican presidents and five appointed by Democrats. Williams’s departure creates a fifth vacancy, so the court could gain a 10 to 5 Democratic majority during Obama’s term.
…
Williams’s eldest daughter, Marian Scalise, 39, said yesterday that her mother made a wrenching decision to leave a job she loves but did so promptly after her diagnosis to make sure she retired before any of her opinions could be questioned."The court has always been in her life. She has always loved the court, and serving the citizens, and making sure her opinions were correct as far as the law is concerned," Scalise said. "It’s so difficult for her to step away from that.
I had never heard of Judge Williams before tonight, and what seems to be her most famous decision, Dickerson v. United States, I take profound issue with. Heck, even the Rehnquist court, with Rehnquist himself writing the opinion, took issue with it and reversed Williams. That said, my hat is off to Judge Williams for making the call to retire quickly and completely. This is a terrible diagnosis the judge has received, the decision must have been brutal, but Williams appears to have not flinched and looks to have removed herself before she put decisions in serious jeopardy. And, yes, judges with lifetime tenure often do hang on when they have no business whatsoever being there.
Williams’ sudden retirement does present an interesting situation in the Fourth Circuit though. With a five to five split, the five potential Obama appointments could produce a seismic shift on a critical Circuit Court of Appeals.
My bet is Republicans will fight Obama appointments to the 4th like holy hell even though Obama will go out of his way to appoint worthless moderate schlubs. Any takers?
OK, anti-tribble. 10 on a REAL liberal.
Noooo, I must be pessimistic!
My profound best wishes to Judge Williams. Like you, I have zero knowledge of her, but her action in this instance tells me that she has the best instincts and respect for the law. I can only wish her and her family happiness and joy in the future.
In regards to your bet, I absolutely agree with you on the Repug reaction. I only hope that Obama has the guts to put some young progressive nominees on the Court, but, as we both know, I have been disappointed before, e.g., Holder.
Wow. She was a driven individual before she made the bench. What must have taken to get through college and law school as a young mother…She must have been 18 when she had her first child, if the ages are correct.
We may all be surprised. What with Holder sounding more like Mukasey every day, and Obama supporting so many Bush DOJ positions, it may finally occur to Republicans that as much as they might like a Whig government, advocacy for Unitary Executive powers for a Democrat (i.e., Obama) might actually not be in their best interests. So we might find them supporting judges who actually believe in the balance of powers as a way to rein in Obama.
People like Bruce Fein, Bob Barr and Ron Paul might gain more influence, what with the Republican “conservatives” such as Sarah Palin and numerous others making such a laughing stock of the GOP right now. Heck, I hear that even Faux News is trashing Palin these days.
Remember the Strange Bedfellows Alliance?
Bob in HI
Here is Fox News contributor Liz Trotta slamming Sarah
http://www.youtube.com/watch?v=Uvj-Xr0irhE
That’s a very brave decision Judge Williams has made. I believe and certainly hope that she’ll have time to travel and enjoy life and her family and friends, but it’s not an easy diagnosis to come to terms with.
Isn’t that way too young for Aizheimers? Yes she’s brave, but this is beyond strange… creepy!
That’s called early-onset Alzheimer’s — onset before age 65 (”early onset” is different from “early stages” — everyone goes through early stages).
A large percentage (I see that wiki now says 50 per cent) of those cases seem to run in families — ie, they seem to be genetic, and some of the genes in play seem to be identified. I qualify everything I say about Alzheimer’s because you discover quickly that so much is in doubt, and the research changes fast.
There is a wonderful book called Losing My Mind first published in 2002 by a Washington-area garden expert, Thomas DeBaggio, who was diagnosed in 1999, when he was 57, and who went on to publish yet another book as late as 2005, I think. From that NPR interview (2007), I would guess that he must now be in a care home, but that was a good long run he had after diagnosis. The interview with his wife is heart-breaking, though. You can feel the years-long depression as she speaks.
A worthwhile cinematic treatment of Alzheimers is the 2006 movie Away From Her, starring Julie Christie. Her character, Fiona Anderson, is the flip side of the situation with former SCOTUS justice Sandra Day O’Connor’s husband: while in a care facility she develops a relationship with another patient and largely loses touch with her husband. It’s a very complex and sensitive treatment of the subject.
Sucker bet, even with prohibitive odds.
My bets are that Obama will appoint some extremely qualified black jurists who will go through the same hell Sotomayor is going through. In the 4th Circuit, what would be considered progressive would be considered moderate or even conservative for the 9th Circuit.
What we would like to see for a change is some straight-shooters who depart from the Federalist Society and reverse civil rights mold of Republican appointees.
Alzheimer’s, like Lou Gehrig’s Disease (which claimed my mom), is tragic and heartbreaking, both for the patients and for their families as they watch someone they know and love slip away one day at a time. Most families have no economic choices but to act as caregivers and the stresses that build up can be debilitating in their own right. And for those stricken with the disease, it’s one long siege of fear and confusion.
I wish the judge an her family well; no one deserves what they are about to experience.
Iirc, The State (SC) had a photo of her……young, vibrant-looking and quite pretty (if photo is current). Terribly sad for the family and friends who love her.
Wonder how many years it will take to get Obama candidates through the republican maze?
Bummer. NYT had an article Wednesday on Alzheimer’s and today there are comments.
It appears that she was a teacher for a few years while her husband, Charles, went to law school also at USC in Columbia. As mentioned above, you can see the photo and an article on her from the The State newspaper..
http://www.thestate.com/157/story/858302.html
Evidently, she was a stong registered Democrat in her earlier life and was fought by the Republican establishment when she was nominated to the bench by none other than Strom Thurmond and supported by Bush I.
With people living longer, more and more couples will have to support their parents as they go through this issue. My mother-in-law is now 93 and has had it for over 8 years. Even today though, she knows us, our two kids, and a few others. We have chosen to provide 24/7 care at her home because we know that if forced to leave or even come live with us would cause more confusion and uneasiness for her. Although very expensive, we know it is the best decision for her.
Even though we may disagree with her decisions on some issues, as Bmaz indicated in the title… you have to support this final legal decision.
Thanks for finding this, bmaz. We lost my MIL from Alzheimer’s, but she had other complications as well and didn’t linger in the altered mental state as long as many victims of this terrible disease.
I also had never heard of Karen Williams but salute her and hope that she and her family can pack many good times into what time they have left together. It’s been such a long time since I’ve seen someone place the law above personal ambition that this story really hit me hard. We’ve lost so much in the 35 years since Ford pardoned Nixon and started the cascade of lawlessness.
tough decision for Judge Williams… wise one
Bmaz“Obama will go out of his way to appoint worthless moderate schlubs.” Or with the way things are going line up with the Bush administration kind of choices
My grandfather was a doctor and educator. He had to make the same gut wrenching decision to quit his practice BEFORE he made any irreversible errors. It was so hard watching this brilliant man trying to distinguish between the leprechauns he thought he could seevand his first great grandson on the floor. I remember him coming to my mom and asking that we not leave the baby on the floor because he was having trouble being able to tell the difference between the baby and the leprechauns. He told her he knew he could squish the leprechauns but would not want to squish his great grandson. (my last visit with him before my grandmother stroked out and became disabled which meant that both grand parents had to go into a facility at the same time).
They were married for 60 years but lived the last 5 in separate wings of a hospital. We brought them together for their 60th, but they just stared at each other. Both got a tear. Grandpa said “I know you” over and over again to my Granny. My Granny just got so frustrated with the fact that half of her body and part of her brain would not work that it made her angry to see him. She said “I’ve had enough of him now”.
It was so sad. They had one of those marriages that many people envied. He was more than a successful doctor, teacher and researcher. She was a math teacher, basket ball coach and wife. Beautiful people both of them. It taught me a lot about love.
I learned that love is not about avoiding pain, but being willing to face it!
Great post…hard disease…but as with everything on this earth, we can learn and grow from our experiences with these diseases.
That is heartbreaking.
And why do so many care facilities not allow married couples to be together? Hopefully that has changed somewhat since I became aware of that practice.
I recently lost my MIL who had dementia for many years. So hard to watch someone disappear before your eyes. And so terrifying for her. It was a relief when she got to the stage of not remembering at all, because her anxiety and anger went away. She was very content her last few years, at least.
Very nice post. As wrenching as the decision must have been, hopefully she will be able to surround herself with a lot less stress and a lot more calm. You never know when they will have breakthroughs with Alzheimers. Hopefully those breakthroughs will come soon and will make huge, positive changes for Judge Williams, her family and many, many others.
For the 4th, it will be a battle. Judges are always the battlefield and the 4th is bloody – so many defense contractor interests and other third party interests with megawatt power.
Nice catch. As you say, the 4th Cir. is regarded as both the most conservative, executive power admiring circuit in the country and second only to the DC Circuit in importance, because of the cases it hears and its status as a farm team for likely Sup. Ct. nominees. It’s an anchor tenant in the Right’s exclusive shopping mall.
I agree with your prediction: the Right will fight harder over who will replace her than it will against Sotomayor’s nomination to the Sup. Ct. Anyone appointed to her slot may tip the balance of power in this circuit and be a possible future Sup. Ct. nominee.
I applaud this judge’s decision to step down in the face of a heart wrenching diagnosis. She preserves her opinions against challenge owing to her condition, and legitimately can say that she now needs to spend more time on herself and with her family. It was the correct decision to make.
Thank you, Bmaz.
Blessings to judge Williams and her family. What a courageous lady to face this awful diagnosis and decide it’s best to step down. Just. Wow.
FunnyWheelieDiva
Here in retirement county USA (St.Petersburg, FL) Alzheimer’s was more common than the Flu. The demographics have shifted, but when I first moved here there was at least one or two sufferers in any crowded store at any one time. I still seldom go a week without talking to someone with the disease. I had forgotten how shocking it is to those who don’t live around as many old folks as we do down here.
Our police emergency workers, and even bus drivers are trained (and usually experienced) in dealing with the victims.
Recently, a city bus driver I know had a woman get on the bus and asked to go to New York. They wound up getting the woman’s address from her purse and actually took her to her house (with dispatch’s permission) on the city bus, with full support of all the other passengers. (Much to the joy of her panicked care giver!)
We not only have “Amber alerts” here, we have the same thing for lost Alzheimer’s people it is so common. I think they are called something like “Silver Alerts”.
With that amount of familiarity with the disease there was a lively debate within the health care community here about how far gone Saint Ronny was while still President. There were many many signs that it affected much if his second term. I don’t remember the technical points, but it was interesting coming from people that worked with the disease 40+ hours a week.