Former Justice David Souter has recently attempted to expose the myth at the heart of this dichotomy between conservative and activist judges
One need only think of the Dred Scott case, where an activist judge
intervened to overturn what he thought was the great legislative injustice of denying a slaveowner the right to his property.
In every political campaign, Americans hear a constant condemnation of activist judges
, as if judges, like witches on Halloween, swoop across the country at night looking for traditional values to upset.
Please note that commentators on the cable shows did not sneer endlessly that these are activist judges
Dana Franck wrongly argues that ``five liberal, activist judges
on the Supreme Court .
We are going to stop activist judges
," Schlafly told the gathering.
The ads will educate voters in key states about the urgent need to save our courts from activist judges
who are undermining our religious freedoms," said Tony Perkins, president of the Family Research Council.
Root divides judicial thought into two schools: activist judges
who protect individual liberties on the one hand, and judges who practice judicial restraint, thereby allowing legislatures to trample individual liberties on the other.
But this may be why they're afraid of him, because they know it took politically activist judges
to "find" a so-called right to abortion in the Constitution.
If the trial bar could not block legislation from being enacted, Behrens said, then the focus would shift to the courts to try to have that law nullified by activist judges
queried, "Will activist judges
not elected by the American people destroy the institution of marriage?
In THE 1980S, DURING THE Reagan-Bush I reign, a wave of conservative jurists rode to prominence on a searing critique of their predecessors: the judicial system--especially during the Earl Warren years--had become a playground for liberal, activist judges
who played fast and loose with the text of the Constitution.
A term limit might prompt activist judges
to rush to make their mark on history.
Republicans have made a lot of hay over the years complaining about activist judges
, but with five unelected conservative justices repeatedly legislating from the bench, those critics are noticeably, yet not surprisingly, silent.
However, by such a radical departure from natural law and human history, these activist judges
are undermining the legitimacy of the courts in the eyes of a majority of Americans.