Tuesday, June 09, 2009

Judicial activism?

Ilya Shapiro has Five questions for Sotomayor in a column in today's Christian Science Monitor. He starts off saying "The minority on the Senate Judiciary Committee has the opportunity – and the responsibility – to educate the public about the distinctions between judicial philosophies that limit judges to a judicial role, and those that demand they be super-legislators." OK, fair enough.

But four of his five questions are past Supreme Court cases that he disagrees with. In the guise of rejecting "judicial activism," he demands that Sotomayer should answer these "tough questions," by which he means agree that these cases were wrongly decided.

Sorry, Ilya, supporting a nominee for the Supreme Court based on whether or not they will overturn particular precedents you disagree with is judicial activism of the worst kind.

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