Moral Contradictions

Thursday, April 14, 2005

judicial activism

Fundamentalist Christians like to throw this term around referring to "activist judges" who "legislate from the bench". The general claim goes like this: "Obviously, polls show that the majority of Americans do not favor this judgement, and the judge is pushing his agenda while subverting the American people's will".

Let's go back 51 years to 1954 and Brown vs. Board of Education. With a degree in history, I feel that I can safely say that the majority of Americans disagreed with the decision, especially since de-segregation wasn't fully realized for another 20 years.

Are "activist" judges a bad thing overall, or is it only when they rule against what you believe?

I can only come up with overly provocative questions as I write this, so I'm going to leave it right here.

Update: I saw that the RTD has an article titled "Conservative attack on courts is the worst ever, except FDR's" explaining what's happening. Apparently Anthony Kennedy of the US Supreme Court because he disagreed with *GASP!* executing juveniles!!! How outrageous! Despicable! Of all the nerve to legislate that most important moral issue from the bench! How dare he?!?

Give me a break. Hey DeLay, it's called "checks and balances" and you're getting checked. Stop whining and continue passing laws givine more money to your rich and corrupt friends at the expense of working families.


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