Judgifying Wingers Don’t Like
Seeing this made me want to check in on Conservapedia and see what their classic entry on judicial activism looked like these days. Fortunately, it’s still enough to make you think the site was a parody, improved by the fact that we now know it’s not. It starts off in relatively neutral-sounding terms:
Judicial activism is when courts do not confine themselves to reasonable interpretations of laws, but instead create law. Alternatively, judicial activism is when courts do not limit their ruling to the dispute before them, but instead establish a new rule to apply broadly to issues not presented in the specific action.
Hmm, let me try to think of a recent example of that last phenomenon….anyway, eventually they cut to the chase:
In this regard, judicial activism is a way for liberals to avoid the regular legislative means of enacting laws in order to ignore public opinion and dodge public debate.
So judicial activism is something that, by definition, liberals and only liberals do. I wish it was only wingers who accepted this as opposed to a lot of “centrist” pundits. But things get even better:
Judicial activism should not be confused with the courts’ Constitutionally mandated rule in preserving the Constitutional structure of government, as they did in Bush v. Gore, Boy Scouts v. Dale, and D.C. v. Heller.
Yes, if anything is fundamental to our structure of constitutional government, it’s that ballots cast under different voting systems must be counted in the same way if this is necessary to elect a Republican president, and in no other cases. And of the three cases they mention, it’s also instructive that they pick one that involves limiting the reach of civil rights laws. Conveniently, their examples of “judicial activism” draw a line under this:
# Brown v. Board of Education – 1954 Supreme Court ruling ordering the desegregation of public schools.
# Griswold v. Connecticut – 1965 Supreme Court ruling establishing a constitutional right to posess [sic], distribute and use contraception.
# Loving v. Virginia – 1967 Supreme Court ruling requiring the legalization of interracial marriage.
Well, at least they’re consistent! Your classier wingnuts tend not to apply their views in such a logical manner. I’m disappointed, however, that they didn’t add to this a traditional Republican complaint about how Ted Kennedy “slandered” Robert Bork by mentioning his publicly stated views in public. And hopefully from somebody Pajamas Media will add some information about how liberals “litigate from the bench”….