Defining Judicial Activism
Right wing extremists love to label any judge who declines to vote their way as an "activist" judge. In their parlance, even a judge who declines to take action -- a judge who refuses to change the law to keep Terri Schiavo alive, against her wishes -- can be an "activist."
Prof. Paul Gewirtz explodes the myth that liberal judges are "activists." Using a reasonable definition of the term -- an "activist" judge is a judge who votes to strike down a law enacted by Congress (defying democracy, in the words of the extremists) -- Prof. Gewirtz identifies the activists on the current Supreme Court. Justice Thomas comes out on top, followed by Justices Kennedy, Scalia, and Rehnquist.
The president has suggested that a follower of the Scalia philosophy of judging would make a great choice for the Court. Extremists beware: your president wants to put another activist on the bench!
|< Broadening the Abramoff Investigation | Bush Names Fred Thompson to Aid in Supreme Court Search >|