Saturday, October 11, 2008
Activist justices
In a debate tonight amongst the candidates for MN Senate (Coleman, Franken. Barkley), Franken noted that Clarence Thomas is the most activist of the justices because Thomas has voted to overturned legislation more than any of the others. I've been meaning to post something supportive of LJ who commented on the meaning of "activist" a while back, but hadn't gotten to it. But this note from Franken, if he's right, backs LJ up.
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5 comments:
Huh?? Haven't seen what he said or the sources of his comment, but what if the legislation is unconstitutional? Shouldn't it be ruled as such, and if so, how is that activist?
I suppose it depends on one's definition of activist: if overturning laws, even unconstitutional, is activist then we'll have to find another term though I hate losing the nomenclature battles that allow redefinition of terms.
I don't think we need to find a new term just bc somebody misuses it.
When "liberal" justices hold a law unconstitutional (say, for example, a ban on abortion), you call that activist; when "conservative" justices hold a law unconstitutional, you call that what?
Sigh. When judges make shit up based on "justice" or "fairness" or some other nonconstitutional shit, that's activism. When they read the Constitution and rule accordingly (which by the way you said you are in favor of) that is not activism.
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