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View Diary: The Impeachment Cure, Bruce Fein & Not So Strange Bedfellows (257 comments)

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  •  The FedSoc isn't a monolith (0+ / 0-)

    It's more like a debating society, with a fairly heavy libertarian representation.  The libertarians get it and have a real problem with it.  Authoritarians get it, but have the same pernicious outcome-based attitude toward judicial decision-making you see in some liberal quarters.  But no matter who the activism benefits, it is still corrosive to the rule of law.  I would remind you of this passage:

    One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law.

    Bush v. Gore, 531 U.S. 98, __ (2000) (Stevens, J., dissenting).

    There are a lot of decisions that qualify as judicial activism -- you'd be surprised as to how common it is.  Bush v. Gore was perhaps the most profound example, but it was by no means the most flagrant.

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