activist judges

[Tommunist]

I hear this term getting tossed around lately and I'm curious what people think makes a judge an activist judge and if they could provide real examples of this happening. Sometimes I feel that when someone calls a judge this it's simply b/c they don't like the way the judge is ruling.

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. What have these judges done wrong that poeple are flipping out on them? I know there is some wiggle room in the law and sometimes poor decisions are made but I sort of feel like "activist judge" is the new "flip-flopping" - a BS term thrown around for political gain.

 

[JustAnAverageGuy]

Originally posted by: Tommunist
I sort of feel like "activist judge" is the new "flip-flopping" - a BS term thrown around for political gain.

Ding! Points++

 

[aidanjm]

Originally posted by: Tommunist
Sometimes I feel that when someone calls a judge this it's simply b/c they don't like the way the judge is ruling.

 

[dmcowen674]

Originally posted by: Tommunist

All I see are some judges upholding the law the way it seems to have been written.

What have these judges done wrong that people are flipping out on them?

I know there is some wiggle room in the law and sometimes poor decisions are made but I sort of feel like "activist judge" is the new "flip-flopping" - a BS term thrown around for political gain.

Political gain is actually secondary. It is Religious gain first.

The people "Flipping out" is only the 51% of the Religious Republican Fundies led by such King of Zealots as Sean Hannity.

 

[Tommunist]

I'm sad no one else has input on this - it's nice to have a discussion based on an idea and not on an event.

 

[Genx87]

Somebody who doesnt rule according to the law but decides to rule based on their personal feelings.

 

[Orsorum]

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

Examples?

 

[halik]

Originally posted by: JustAnAverageGuy

Originally posted by: Tommunist
I sort of feel like "activist judge" is the new "flip-flopping" - a BS term thrown around for political gain.

Ding! Points++

 

[daveshel]

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

Since the application of legal precedent by judges in appeals courts and higher necessarily involves transplanting principles into a new context (if the facts were the same, the issue would be resolved in the lower courts), these judges must rule according to their interpretation of the law. This involves their intellect. If you want a mechanical application of the law, better get a machine to do it.

 

[Mursilis]

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?

One of my favorites:

J.E.B. v. Alabama

Not a major case by any means, but I find the reasoning to be wanting. Basically, some justices wanted to be PC, so there you go.

 

[drinkmorejava]

The activist judge thing picked up a lot in the news during the Shiavo case. As far as I can tell, it is most recently linked to the courts going against both the legislative and executive branches on letting the feeding tube being take out.

Now my question is

Originally posted by: dmcowen674

The people "Flipping out" is only the 51% of the Religious Republican Fundies led by such King of Zealots as Sean Hannity.

Where does the 51% come from, and and how can choosing a particular view, out of only two possible, be interpreted as "flipping out?"

 

[Engineer]

Originally posted by: drinkmorejava
The activist judge thing picked up a lot in the news during the Shiavo case. As far as I can tell, it is most recently linked to the courts going against both the legislative and executive branches on letting the feeding tube being take out.

Now my question is

Originally posted by: dmcowen674

The people "Flipping out" is only the 51% of the Religious Republican Fundies led by such King of Zealots as Sean Hannity.

Where does the 51% come from, and and how can choosing a particular view, out of only two possible, be interpreted as "flipping out?"

The 51% is a round off of the 50.8% victory that Bush had in November.

 

[ElFenix]

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

 

[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.

 

[Mursilis]

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

Very true; look at Roe v. Wade. Whatever your views on abortion, it's a serious torturing of the Constitution to find such a 'right' in it.

 

[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?

 

[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?

 

[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?

 

[Mursilis]

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?

(Justice) Kennedy is a liberal; just because he was nominated by a Republican means nothing, other than providing evidence that past Republican presidents haven't used a litmus test in appointing justices. Look at Souter and O'Connor. And wasn't Blackmun a Republican nominee?

 

[Darkhawk28]

Originally posted by: Mursilis

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?

(Justice) Kennedy is a liberal; just because he was nominated by a Republican means nothing, other than providing evidence that past Republican presidents haven't used a litmus test in appointing justices. Look at Souter and O'Connor. And wasn't Blackmun a Republican nominee?

Oh man, you guys are really stretching.

 

[1EZduzit]

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?

LOL!

 

[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.

 

[Mursilis]

Originally posted by: ElFenix
sometimes they're liberals, sometimes they're authoritarian leftists.

:laugh:
Thanks for that one.

 

[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.

 

[Tommunist]

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

well it seems that it became a "buzzword" only more recently