Friday, April 9, 2010

The "right" activist judge

The computer ink on Supreme Court Justice Steven's retirement letter is barely dry and already Senate Republicans are lecturing President Obama that activist judges are not qualified to serve. To them I reply, my dear Senators -- Why don't you say what you really mean: "an activist judge, who would substitute their own views for what the law requires, unless it is consistent with the conservative view, is not qualified to serve on the federal bench."

Of course then you would have to eliminate the last two Republican appointees, as they overturned decades of law to fit their opinion in Citizens United (the elections and corporate spending case) when the issue at hand could have been decided much more narrowly. Instead the newest justices showed that they are the very definition of activist judges. If the Senators had truly believed that activist judges were wrong they would have blasted the Citizens United decision and complained how they were duped by the two recent judges who misled Congress during their confirmation hearings. Yet, a search of your views on the matter found nothing from you condemning the decision, aside from calling the President rude (which I don't disagree with) for calling out the Supremes during the State of the Union regarding this bit of activist judicial decision making.

I hate hypocrites and you Senators are not doing anything to show me otherwise. Nominating a Supreme Court justice is not just another political fight, it is something that will have unknown repercussions long after most of today's "leaders" are out of power. Fortunately for you and your allies, the mainstream media won't call you on this and, aside from what I am sure will be some responses below in the comments, no one else will either. As to President Obama, I hope he goes out and finds the biggest, qualified, activist liberal to place in Justice Stevens place to battle the conservative activists you have favored in the past.

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