{"id":721338,"date":"2026-06-07T16:25:09","date_gmt":"2026-06-07T16:25:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/au\/721338\/"},"modified":"2026-06-07T16:25:09","modified_gmt":"2026-06-07T16:25:09","slug":"a-high-court-justice-warned-of-us-style-judge-stacking-and-created-a-new-front-in-australias-culture-wars-australian-law","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/au\/721338\/","title":{"rendered":"A high court justice warned of US-style judge \u2018stacking\u2019 and created a new front in Australia\u2019s culture wars | Australian law"},"content":{"rendered":"<p class=\"dcr-130mj7b\">High court justice Robert Beech-Jones started his speech at a Townsville resort and casino last month with a joke.<\/p>\n<p class=\"dcr-130mj7b\">\u201cI was not really sure what to talk about. So I picked up the conference brochure and discovered that I was talking about contemporary issues and the high court, which is not a bad place to start,\u201d he told the North Queensland Law Association Conference.<\/p>\n<p class=\"dcr-130mj7b\">\u201cI also realised that I was speaking at 9:00am on a Saturday morning after an organised gathering at a local bar. So I decided the best approach was to start you off gently but maybe wake everyone up with something a bit pointier towards the end.\u201d<\/p>\n<p class=\"dcr-130mj7b\">By the end of <a href=\"https:\/\/www.hcourt.gov.au\/sites\/default\/files\/speeches\/2026-05\/Beech-Jones%282026%29NthQldLawAssoc.pdf\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">his speech<\/a>, those gathered at the Ville Resort\u2011Casino were certainly awake.<\/p>\n<p class=\"dcr-130mj7b\">Beech-Jones spoke of Sir Samuel Griffith, a former Queensland premier and chief justice, who also became the first chief justice of the high court early in the 20th century.<\/p>\n<p class=\"dcr-130mj7b\">Griffith had been \u201cremade and repackaged\u201d, Beech-Jones told the crowd, and a society which bears his name had turned him \u201cinto a warrior in the 21st century culture wars\u201d.<\/p>\n<p class=\"dcr-130mj7b\">\u201cTo use postmodern language, Sir Samuel Griffith has been culturally appropriated; specifically, appropriated for the ideological and political ends of others,\u201d Beech-Jones said.<\/p>\n<p class=\"dcr-130mj7b\">On Beech-Jones went, saying the Samuel Griffith Society promoted the \u201cominous\u201d formation of student chapters on universities; that its founding was marked by a borderline \u201cobsession\u201d with the Mabo native title case, including by hosting speakers who had said \u201cAborigines are a pretty incompetent lot\u201d; and implying that while the research it promoted in relation to the constitution sounded \u201centirely reasonable and fairly innocuous\u201d, it was anything but.<\/p>\n<p class=\"dcr-130mj7b\">Beech-Jones then accused the society of attempting a US supreme court-style conservative stacking of the high court.<\/p>\n<p class=\"dcr-130mj7b\">The judge painted a picture of dark forces gathering, of a Trumpian stalking horse, of the abused legacy of one of Queensland\u2019s most significant figures.<\/p>\n<p>Justice Robert Beech-Jones. Photograph: High Court of Australia<\/p>\n<p class=\"dcr-130mj7b\">He outlined how the decades-long process of stacking US courts with conservative appointees led to a series of troubling decisions, including striking down restrictions on selling firearms to people aged 18 to 21.<\/p>\n<p class=\"dcr-130mj7b\">\u201cOnly a fool would think this was not the intended outcome of a sustained politicised and political process of stacking courts with supine judges,\u201d he said.<\/p>\n<p class=\"dcr-130mj7b\">\u201cOrdinarily all this would be none of my business but these methods are being advocated for in Australia. This has made it my business and it has made it your business as custodians of the law; we are all interested in this, whether we like it or not. To adapt a phrase, they have driven into my lane and they have driven into yours.<\/p>\n<p class=\"dcr-130mj7b\">\u201cIf anyone thinks this particular US style of court stacking and judicial decision-making is a good idea, then go and live there. The rule of law appears to be having an interesting time in that country.\u201d<\/p>\n<p class=\"dcr-130mj7b\">Beech-Jones, who was sharing the stage with the chair of his presentation, the supreme court of Queensland\u2019s chief justice, Helen Bowskill, then finished his speech with a quote from a 2024 piece published by The Australian.<\/p>\n<p class=\"dcr-130mj7b\">The piece, headlined \u201c<a href=\"https:\/\/www.theaustralian.com.au\/inquirer\/the-legal-professions-giant-lurch-to-the-left\/news-story\/914ac646d0f47dd48e5de93ef2a9bd04\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">The legal profession\u2019s giant lurch to the left<\/a>\u201d, compared the Samuel Griffith Society to the US Federalist Society, which has been behind the push to stack its judiciary with conservatives, and suggested a \u201cquiet billionaire\u201d could help it succeed.<\/p>\n<p class=\"dcr-130mj7b\">\u201cWell, there you have it,\u201d said Beech-Jones, who was appointed by <a href=\"https:\/\/www.pm.gov.au\/media\/appointments-high-court-australia\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">the Albanese government<\/a> in 2023 from the NSW supreme court.<\/p>\n<p class=\"dcr-130mj7b\">\u201cWhat would Samuel Griffith \u2026 have thought of appealing to billionaires to fund an Australian Federalist Society?<\/p>\n<p class=\"dcr-130mj7b\">\u201cI do not think that question is very difficult to answer. But perhaps the better question is what do you think?\u201d<\/p>\n<p>\u2018Just do your job\u2019<\/p>\n<p class=\"dcr-130mj7b\">It did not take long for Beech-Jones to find out what the protectors of the society thought.<\/p>\n<p class=\"dcr-130mj7b\">\u201cJust do your job as a judge,\u201d Allan Myers KC, the president of the society, <a href=\"https:\/\/www.theaustralian.com.au\/business\/legal-affairs\/stick-to-your-job-silks-blunt-message-to-high-court-judge-robert-beechjones\/news-story\/021de7c47fb72d51cbc87299a6443559\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">told The Australian<\/a>. \u201cThis assertion [of Griffiths being culturally appropriated] is false and no basis for it is made in the judge\u2019s address.\u201d<\/p>\n<p class=\"dcr-130mj7b\">Myers said Beech-Jones had been asked to speak at the society\u2019s conference in August, but declined as he did not participate in \u201cpolitical gatherings\u201d.<\/p>\n<p class=\"dcr-130mj7b\">In an Australian Financial Review <a href=\"https:\/\/www.afr.com\/companies\/professional-services\/our-legal-establishment-has-become-too-left-wing-that-s-a-problem-20260526-p600qt\" data-link-name=\"in body link\" rel=\"nofollow noopener\" target=\"_blank\">opinion piece<\/a> , the society\u2019s executive director, Mia Schlicht, said: \u201cBeech-Jones, it seems, takes issue with only one side of the culture war. That speaks volumes.<\/p>\n<p class=\"dcr-130mj7b\">\u201cIn attempting to discredit the Samuel Griffith Society, Beech-Jones ultimately made the strongest case for its existence,\u201d Schlicht said.<\/p>\n<p class=\"dcr-130mj7b\">\u201cHe confirmed what the society has argued for more than three decades: that the high court possesses a political dimension, that its members are conscious of it, and that they are uncomfortable when this reality is openly acknowledged.\u201d<\/p>\n<p class=\"dcr-130mj7b\">While the speech highlighted what Beech-Jones argued were parallels between attempted stacking of the high court and US supreme court, had it illuminated another similarity: that both courts were riven with ideological rivalry?<\/p>\n<p class=\"dcr-130mj7b\">Coverage of Beech-Jones\u2019 speech quickly highlighted that another high court judge, Simon Steward, gave the keynote address at the society\u2019s 2025 conference.<\/p>\n<p class=\"dcr-130mj7b\">Other speakers included former high court justices Ian Callinan and Dyson Heydon, as well as former attorney general Christian Porter and former Queensland senator and current state MP Amanda Stoker.<\/p>\n<p>A partisan rift?<\/p>\n<p class=\"dcr-130mj7b\">In 2022, three researchers from the Australian National University considered how the ideology of judges could affect their decisions.<\/p>\n<p class=\"dcr-130mj7b\">The researchers measured a judge\u2019s ideology by coding every news article in which they featured in the six months prior to the day they were sworn in.<\/p>\n<p class=\"dcr-130mj7b\">One of the researchers, Patrick Leslie, told the Guardian this week that research found that, \u201cin general, rightwing governments select rightwing justices, and leftwing governments select leftwing justices\u201d and that those judges then made decisions accordingly.<\/p>\n<p class=\"dcr-130mj7b\">\u201cYou find a very strong pattern over the long run: people who were selected and known to be right- or leftwing judges at the time of their appointment, do go on to behave in that way \u2026 they do carry their ideology through to high court cases,\u201d he said.<\/p>\n<p class=\"dcr-130mj7b\">Leslie said this did not mean that a US-style push to stack the court would work; aside from the obvious differences between the courts, the research found there was \u201cless dissent and more clarity and collegiality among the justices\u201d in high court matters compared with the US supreme court.<\/p>\n<p class=\"dcr-130mj7b\">Whether Beech-Jones\u2019 speech indicated a rift, however, could prove fascinating.<\/p>\n<p class=\"dcr-130mj7b\">\u201cThis is really intriguing, because if this is something that is going to continue into the future, maybe it will be something that becomes overly partisan,\u201d Leslie said.<\/p>\n<p class=\"dcr-130mj7b\">\u201cThese decisions might come under more scrutiny in the future.\u201d<\/p>\n<p class=\"dcr-130mj7b\">A former federal court judge, based in Queensland, tells the Guardian that he is concerned that the Samuel Griffith Society is not clear about its political aims when compared to politically aligned groups on the other side of politics like Labor Lawyers.<\/p>\n<p class=\"dcr-130mj7b\">He says while it was clear the society favoured judicial appointments of \u201cblack-letter\u201d lawyers \u2013 those who stuck as closely as possible to the constitution \u2013 just as Republicans pursued in the US, it would be wrong to consider that jurists with those views were also politically conservative.<\/p>\n<p class=\"dcr-130mj7b\">The former judge, speaking on condition of anonymity so he could discuss his work freely and who describes himself as on the left of politics, says that while most judges appeared to be appointed on merit some previous federal attorneys general are \u201cclearly just tapping people on the shoulder\u201d.<\/p>\n<p class=\"dcr-130mj7b\">\u201cThere\u2019s always going to be an element of politics \u2013 and judicial politics \u2013 involved in the appointments, because of the constitutional power the high courts have,\u201d he says.<\/p>\n<p class=\"dcr-130mj7b\">\u201cGod help us, let\u2019s just hope it never gets as political as it is in the United States.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"High court justice Robert Beech-Jones started his speech at a Townsville resort and casino last month with a&hellip;\n","protected":false},"author":2,"featured_media":721339,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[64,63,44],"class_list":["post-721338","post","type-post","status-publish","format-standard","has-post-thumbnail","category-australia","tag-au","tag-australia","tag-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/721338","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/comments?post=721338"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/721338\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media\/721339"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media?parent=721338"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/categories?post=721338"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/tags?post=721338"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}