Tuesday, September 28, 2010

Are Judges the Latest GOP/Tea Party Bogeyman?

Image of scary dude from source,
Think Progress
I had trouble writing the headline for this piece, because obviously, conservatives have been whining about "judicial activism" for a long time. But it does seem to be ramping up.  One of the more common phrases used is that "activist judges are legislating from the bench."  This phrase is baffling to me.  A judge has a case before him, he decides one way or the other, and then the law is affirmed or dismissed based upon that decision.  How exactly is this activism, or legislating from the bench?  Seemingly, it is when a judge rules in a way contrary to prevailing conservative opinion.  Do you remember any complaining from conservative quarters when the United States Supreme Court ruled that corporations can donate unlimited amounts of money to political campaigns (Citizens United)?  Didn't think so.

It's getting worse though.  Now, when a high-profile enough case irks the right-wing enough, the start campaigns to remove the judges in question.  This is a fairly new tactic, and kind of a disturbing one.  And it seems that this action is taken not for the merits of the decisions, but because the cases weren't decided in the right-wing's favor.  No sir, I don't like it.

[Excerpt]

Tea Party Nullifiers Seek Revenge Against Florida Supreme Court Justices

Earlier this year, the Florida Supreme Court nixed a state ballot initiative attempting to nullify part of the Affordable Care Act because the ballot language was misleading to voters.  In response, a Tea Party-affiliated group launched a campaign to remove two of the court’s justices from the bench. . .

Read more at: Think Progress

No comments:

Post a Comment

Have something to say to us? Post it here!

Related Posts Plugin for WordPress, Blogger...