Legal Commentary

Conservative "Legislation From The Bench"

By Big Tent Democrat

In honor of Chuck Todd, I am announcing a new feature for the upcoming Sotomayor confirmation hearings - any acknowledgment in the Traditional Media that the Gang of 5 conservatives on the Roberts Court are judicial activists. Here is today's addition, from the New York Times Editorial page:

On another point, the ruling underscored the emptiness of the “judicial activist” label that Republicans like to use in debates over nominees to the federal courts, including Judge Sotomayor. In the firefighters’ case, she actually refused to second-guess the city’s decision — an act of judicial restraint. It was the court’s conservatives, including Chief Justice John Roberts, who voted to overturn the decision of an elected government.

(Emphasis supplied.) Half a demerit to Adam Liptak:

Justices Scalia and Thomas [as opposed to Chief Justice Roberts and Justices Alito and Kennedy] are apt to follow what they understand to be the original meaning of the Constitution, even when the consequences might not align with their policy preferences.

(Emphasis supplied.) Nonsense. Scalia and Thomas cloak their policy preferences in "principles," just like everyone else. After all, they are a part of the extreme conservative judicially activist Gang of 5.

Speaking for me only

Full post as published by TalkLeft on July 01, 2009 (boomark / email).