"Judicial Activism": It Means Nothing

Hopefully most readers of this site are well aware at this late date that “judicial activism” in ordinary political discourse means absolutely nothing more than “judgifying conservatives don’t like.” Still, claiming that it’s unacceptable “judicial activism” for judges to adjudicate breach of contract disputes takes things to a new level of vacuity. Apparently, according to many conservative bloggers the only thing you need to know about the institutional role of courts is that if Dennis Kucinich wins a case the courts are exceeding their authority irrespective of how central to a judge’s function the underlying case might be.

…Treason In Defense of Slavery Yankee offers this penetrating analysis of the breach of contract claim:

Second, MSNBC claims that an invitation does not constitute a contract.

Well, yes, obviously, if a defendant makes a bare assertion that the suit is without merit a judge’s job is over — case dismissed! Especially if the defendant uses italics! What kind of judicial activist would believe otherwise? I’m not sure why the Supreme Court failed to rely on this well-known doctrine in its holding today; it would have saved a lot of writing…