Thursday, July 21, 2005

Judicial Activism

Exactly what is judicial activism, the favorite conservative buzzword when they don't like a decision a judge makes? Siva Vaidhyanathan has a good post on this.

...the current Court is about the most activist court in American history...when conservatives use this language they are being blind to the real situation and willingly ignorant about how law works...ask [conservatives] where in the Constitution does it say that federal courts have jurisdiction over the vote-counting process in individual states. Ask how in the world a Court busy "restraining" itself could possibly justify appointing a president over the wishes of the American electorate and in direct violation of Florida law.


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