By TAKASHI ENDO/ Staff Writer
November 11, 2024 at 18:49 JST
More than 10 percent of voters want four of six Supreme Court justices removed from the bench, according to a national review that showed an overall disapproval rating not seen in decades.
The two other justices reviewed received negative ratings just under 10 percent, bringing the average disapproval rating to 10.46 percent, according to preliminary figures.
The last time any Supreme Court justice reached a disapproval rating topping 10 percent was in 2000. And the last national review in which the average disapproval rating hit double digits was in 1990.
The 2024 national review was conducted alongside the Oct. 27 Lower House election, and voters could voice their opinion on six of the 15 top court justices.
The person who received the highest disapproval rating was the chief justice, who has been involved in rulings concerning the rights of sexual minorities.
In national reviews, voters mark “X” for justices they think should be dismissed.
From 2003 to the previous review in 2021, 57 justices were reviewed, and not one received a ratio of “X” votes exceeding 10 percent.
An increase in available information about the justices may be behind the unusual climb in the disapproval ratings.
Others attribute the rise in “X” marks to the influence of the morning drama series “Tora ni Tsubasa” (Wings on a tiger).
“I used to think that trials and judges had little to do with me, but this time I found myself interested,” said a 30-year-old public servant from Aomori city.
Her newfound interest was sparked by “Tora ni Tsubasa,” which was aired on NHK (Japan Broadcasting Corp.) from April to September.
The series was inspired by the life of Yoshiko Mibuchi, one of Japan’s first female lawyers and its first female judge. It portrayed lawyers tackling inequalities in society, with Supreme Court justices featured as key characters.
“After watching the drama, I realized that judges also struggle with how to interpret the law,” the woman said.
This led her to research the justices on a media-run website for the national review.
“This time, I felt I could make a decision based on my own criteria,” she added.
Justices who receive “X” votes on more than half of the valid ballots are required to step down.
No justice has been dismissed through this process, and critics say national reviews have become a mere formality.
The highest disapproval rating recorded for a justice was 15.17 percent. In the 1970s and 1980s, many justices received disapproval ratings above 10 percent.
Shinichi Nishikawa, a professor of political science at Meiji University, who is well-versed in the history of the national review, also believes that the drama contributed to the sudden rise in disapproval ratings.
In 2021, public interest was heightened by a Supreme Court ruling issued about four months before the review that upheld the constitutionality of a law that prevents married couples from using separate surnames.
“This time, there was no Supreme Court decision that drew such focused attention,” Nishikawa said. “It’s quite possible that the drama raised public interest.”
Nishikawa noted another possible factor.
For the 2024 review, major media outlets, including The Asahi Shimbun, the Yomiuri Shimbun, the Mainichi Shimbun and NHK, created special pages on their news sites to provide more comprehensive coverage.
Nishikawa said the sites gave the public more opportunities to learn about the justices and their decisions.
DECISIONS ON SEXUAL MINORITIES
The four justices who received disapproval ratings over 10 percent were: Chief Justice Yukihiko Imasaki at 11.46 percent; Akira Ojima at 11 percent; Mitsuko Miyagawa at 10.52 percent; and Kimihiro Ishikane at 10.01 percent.
In national reviews, justices whose names are listed at the far right side of the ballot tend to receive more “X” marks. This time, Ojima’s name appeared in that position.
However, Imasaki surpassed Ojima in terms of disapproval, likely due to his involvement in several top court cases concerning the rights of sexual minorities.
In a 2023 lawsuit involving a transgender official at the economy ministry who lives as a woman, Imasaki, as presiding justice, ruled that restrictions on the official’s access to women’s restrooms were illegal.
In a 2024 case regarding compensation benefits for families of crime victims, he expressed opposition to including same-sex partners as eligible recipients.
The decisions in these lawsuits were hot topics on social media.
This was the first time in 15 years for a chief justice to be subject to a review.
Nishikawa suggested that “some voters may have marked ‘X’ against Imasaki because of overall dissatisfaction with the Supreme Court.”
The disapproval ratings for the two other justices, Masahiro Hiraki and Makoto Nakamura, were 9.97 percent and 9.82 percent, respectively.
Hiraki joined the Supreme Court in August and Nakamura followed in September. Neither has issued any rulings from the bench yet.
The Constitution mandates a national review in the first Lower House election after a new justice joins the top court.
Hiraki and Nakamura may have received lower disapproval ratings than the other four justices due to limited information available about their judicial records.
By prefecture, all six justices recorded disapproval ratings exceeding 12 percent in Tokyo, Kanagawa, Kyoto and Okinawa.
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