Quote:
Originally posted by Buff@Jan 21 2004, 12:36 PM
PD, are you honestly saying that all those judges are merely interpreting the constitution? By your definition, is there any possible ruling a judge could make which could not be defined under your semantics as interpretation but rather could be defined as "legislating from the bench?"
|
Quote:
|
PD, are you honestly saying that all those judges are merely interpreting the constitution?
|
Yep. That's what I'm saying. And yes, I do believe that there are situations where judges have "legislated from the bench", and no, I don't think that is appropriate.
The "judicial activist" charge made some sense back in the days of convoluted court-ordered busing schemes (which made liberals feel good while diverting attention from real issues of employement and housing discrimination) and the like.
However, like the use of liberal as a perjorative, the phrase has made its way into the verbal arsenal of the right. Like Rev. Bush's lament about the "discrimination" against religion (which made me laugh out loud) last night, it's usually employed by people to descirbe any decision that they disagree with.
I'm also going to admit something that few who are decrying the Massachusetts court decision will - I have not read the Massachusetts decision personally. FROM WHAT I HAVE READ AND HEARD, it was not judicial activism as I understand it.