26 korrik 2010

Talk About Activist Judges!

Conservatives will throw around the phrase 'activist judges' quite liberally anytime there is a judicial nomination to be made on the Federal level, or anytime there is a recognition of the constitutional or human rights of a disenfranchised or targeted minority.

Little do they know (or do they know very well...?) that conservative judges are the most staunchly activist of all. As this report from The New York Times shows, the Roberts Court has been the most conservative in the history of the judicial body and the trend to more conservative decisions shows no signs of weakening, despite a second addition by president Obama.

Perhaps liberals and progressives ought to adopt an equally charged language when referring to judges in the Supreme Court and elsewhere in Federal courts across the nation. After all, what is more activist than a judge who adopts an intractably conservative position and whose decisions can be predicted with almost 100% certainty, as in the case of Antonin Scalia or, the loonier loon, Clarence Thomas? No, Samuel Alito, you were not forgotten; you are sure to give both these justices a run for their money if they want to remain on the extreme right of the Supreme Court.

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