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View Diary: A Little Reminder About 'Judicial Activism' (172 comments)

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  •  An activist judge is one that issues an opinion (2+ / 0-)
    Recommended by:
    FishOutofWater, KentuckyKat

    we disagree with.  It cuts both ways, just that GOPosaurs have evolved to be incapable of seeing anything they agree with as judicial activism.

    Then they came for me - and by that time there was nobody left to speak up.

    by DefendOurConstitution on Wed May 27, 2009 at 12:58:28 PM PDT

    [ Parent ]

    •  Not by their definition. (3+ / 0-)

      The GOP always say that they want judges who will follow the law - judges tht don't make up law - or strike down laws.  Which is why this is such great statistical data.

      •  I disagree (0+ / 0-)

        By 'the law' they refer to the constitution. All other law must confrom to it. So the stats above prove nothing as to who is an activist.

        If regulations violate the constitution, they should be voided and that is not being activist.

        Likewise if laws violate constitution, they should also be voided and that is also not being activist.

        What those results show (to me) is that the conservatives on the court think the government has less power than the liberals do. Thus they are more likely to strike down laws/regs passed by the government.

        •  This is precisely (2+ / 0-)

          what they describe as legislating from the bench:

          What those results show (to me) is that the conservatives on the court think the government has less power than the liberals do. Thus they are more likely to strike down laws/regs passed by the government.

          As long, of course, as they agree with whatever law is being struck down.

          What the cynics fail to understand is that the ground has shifted beneath them... Barack Obama

          by lcbo on Wed May 27, 2009 at 02:33:56 PM PDT

          [ Parent ]

          •  i don't think so (0+ / 0-)

            have any examples?

            •  securities cases (1+ / 0-)
              Recommended by:
              island in alabama

              or better yet- when Alito appeared before the Congress for his nomination hearing. One of the more infamous moments was when he tried to explain how he ruled that someone working in a mine is not a mine worker because of how chose to "interpret" (I say legislate from the bench) the meaning of mine worker under a statute. They do this all the time. But, most people are so stuck on the simplistic rhectoric, which requires no thinking, rather than the complexity of what legal analysis requires (a lot of  thinking most of which is not reducible to bumper stickers like interpret the law).

            •  The Kelo decision (0+ / 0-)

              http://en.wikipedia.org/...

              There was no precedential or case law supporting the conservative assertion. Certainly not in text or intent or originality. Yet, they argued the conservative postion anyway.

              The DC gun control case is another. There aer many actually. We just don't talk about them because we have become so use to being hammered by the conservatives that we beleive their hype and our own bad press.

        •  You say potahtoh ... n/t (0+ / 0-)

          Then they came for me - and by that time there was nobody left to speak up.

          by DefendOurConstitution on Wed May 27, 2009 at 02:41:34 PM PDT

          [ Parent ]

        •  the constitution says nothing on a lot of thing (0+ / 0-)

          so how would you conform the constitution on things of which it is silent?

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