View from the Garage

September 15, 2005

Judicial activism again!

Filed under: Miscellaneous — thefusionguy @ 11:41 am

Conservatives are howling that another “activist judge” has ruled the recitation of the pledge of allegiance by schoolchildren to be unconstitutional due to the phrase “under god” in it. Actually, this activist judge ruled as he did because of a standing precedent which gave him no choice. Hence, he is a judicial conservative exercising judicial restraint! An activist judge would have substituted his personal beliefs for his legal judgement, which is of course what the activist justices did in Bush v. Gore. There, the court ruled that the Florida Supreme Court was not competent to decide how to interpret Florida state law on how votes should be counted in Florida. This view was held by the majority who claim to be both judical conservatives and advocates of states rights! In this case the court majority clearly started from their chosen outcome and searched (vainly) for some possible legal theory to justify their ruling. Lacking any, they so ruled anyway. That’s judicial activism.

Conservatives define “judicial activism” as any judge coming to a conclusion they don’t like. They confuse “judicial conservative” with “social conservative.”

Here’s a quote from a conservative buffoon: “This is judicial activism run amok, and coming on the same day as the confirmation hearing of Judge Roberts, there is no better example than this outrageous decision of why it is so important that we have fair-minded judges who do not allow their own political ideology to influence their interpretation of the law,” Congressman Bob Ney said.

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