31 May, 2009

Republican hypocrisy re Judicial Activism

In the debate over Roe v. Wade, adherents of that decision clearly represent the "activist" side. Roe represents Court activism but remember, it came from a Supreme Court with seven Republican appointees, and Earl Warren was gone -- replaced by Nixon-appointee Warren Burger.

That doesn't mean the critics of Roe are right on the merits. It means that "activism" is a near-worthless concept, and comparative activism is nonsense.

Many opponents of Roe would not be satisfied with merely seeing it overturned and the issue returned to the states. The Republican Party platform effectively calls for a litmus test for judges. Will they rule abortion illegal in all 50 states no matter what the people want?

Now that would be judicial activism with a vengeance.
Constitutional arguments can't be settled by pointing a finger and shrieking "activist" whenever someone supports a use of the Constitution that you oppose. Some days, the shoe will be on the other foot.