Editorial: Political brouhaha may interfere with judiciary

Thursday, April 1, 1999 | 10:48 a.m.

When the Supreme Court issued an opinion in January that the census must be done by a traditional head count, the court probably thought it had disposed of the prickly matter. But the court's decision has fueled a fierce partisan debate in Congress, a standoff that ironically could end funding for the federal judiciary on June 15 unless the Democrats and Republicans reach a truce by then.

Since the court issued its census ruling, Congress has been locked in a partisan squabble over funding of the Census Bureau, which is included in an appropriations bill that includes the departments of Commerce, State, Justice and -- here's the kicker -- the federal judiciary.

Chief Justice William Rehnquist, in a March 17 letter to the Senate Judiciary Committee, warns that a stop in funding threatens "every sector of the judicial branch ... including probation and pretrial services officers who supervise 120,000 released criminals and those accused of crimes." Rehnquist wants Congress to remove the federal judiciary's funding from the appropriations bill, allowing it to be treated separately. This is a dispute between the political branches of government -- the judicial branch should be left out. Rehnquist's request is reasonable and Congress should honor it.