activist judges

[Tommunist]

Originally posted by: glenn1

The recent right-to-die case with Terri Schivaro (spelling may be off but I'm too lazy to look it up) is one where everyone is screaming activist judge but all I see are some judges upholding the law the way it seems to have been written.

Actually, the Schiavo case was an example of judicial restraint. They followed the law as it was written, the federal courts respected the Tenth Amendment, and no Constitutional right was asserted that doesn't exist in the document's text.

What some folks were screaming about WRT the Schiavo case was that judges weren't activist enough and "let" her die. Legislative grandstanding != judicial activism. The judges could have taken the bait but didn't.

damned if they do - damned if they don't.

 

[Darkhawk28]

Originally posted by: ElFenix

Originally posted by: Darkhawk28

Originally posted by: ElFenix

Originally posted by: Darkhawk28

Originally posted by: ElFenix

Originally posted by: Orsorum

Originally posted by: Genx87
Somebody who doesnt rule according to the law but decides to rule based on their personal feelings.

Examples?

anything written by justice kennedy. his method is feeling around in his head for what he thinks the outcome should be given his prejudices and beliefs, and then making up some reasoning that is neither rigorous nor predictable, which are two traits that the common law likes to pride itself on.

I bet you think Justice Kennedy is a Democrat, right?

ummm... did i say anything about that?

Aren't all these "activist" judges supposed to be libuhrals?

sometimes they're liberals, sometimes they're authoritarian leftists.

And sometimes, you all are just FOS.

 

[PatboyX]

Originally posted by: ElFenix
actually, the term 'activist judge' has been around a lot longer than calling someone a flip-flopper, politically.

truth.
it actually has a pretty neutral definition, in terms of accuracy.
now, however, it is basically being used to say "someone who rules not in favor of my ideology."
i suddenly cant remember the opposite of the activist judge, in its true terms.
which sucks.
i need a new brain.
basically, it has to do with upholding precedent.

 

[1EZduzit]

Aren't all judges appointed through some type of a political process? Don't all judges interpret the law according to their beliefs? Some more then others, but they're only human. If the law was so simple we could program a computer to do their job.

I think judges are all "activist". There are radicals on the left and radicals on the right. All of a sudden the GOP decides that all the radical left judges are "activists" and try to put a negative label on them. It's just an attempt to increase their power and extend that power for a longer period. Is it a coincidence that the timing of this "labeling" coincides with their attempt to get rid of the fillibuster? LOL, I don't think so.

I think the "new rebuplican" leadership of the GOP feels there hold slipping and are taking as many "pot shots" as they can. Eventually they might actually hit something. They have a slight edge over the Dem's right now, but not enough to make all the sweeping changes they want so they are pushing as many "hot buttons" as they can.

I think/hope people are begining to realize that it's just been one lie after another with this administration and they are starting to wise up to the fact they are just power hungry liars and their agenda is basically centered on what's best for the "elite" in this country.