observations from a slightly mad german-american

Saturday, January 31, 2004

More Activist Judges

This was timely. I received this from my friend Tim today. He has also been pondering the Activist Judge thing.
One thing that has really annoyed me recently is the term and the use of the phrase Activist Judge. One more newspeak word from our friends on the right? Why don't they just come out and say "judge who has once again interpreted a law in a way that makes society a little more tolorant than we can handle?" Since when has an "Activist Judge" ever ruled for more intolorance? I think these are people who have balls enough to interpret laws in conjunction with the Constitution to the best of their ability without being affected by whatever form of intolorance may be popular at the time. Their critics for example, G.W.Bush, accuse them of acting out of step with the public. I wish that "Activist Judges" would have been brave enough to strike down and condemen the Jim Crow laws for the un-American and hateful establishments of oppression that they were, even though they were very popular at that time. Judges aren't supposed to be in the business of going by whatever the public happens to think at the time, just determine what is the most fair, based on the Constitution and previous decisions.


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