Tuesday, March 15, 2005

Conservative Activists?

Eventually, Rehnquist has to retire. The Nixon appointed Supreme Court Justice has been there for what seems like forever. All signs point to the current Chief Justice stepping down following this Supreme Court session. When that happens, watch out.

The Democratic Party is going to do everything they can to prevent Bush from appointing an "activist" judge.

Time out. A conservative activist judge would do what? Overturn Roe vs. Wade as judicial activism? Last I checked the Constitution was silent on abortion. Ergo, it's a states issue.

Recently a conservative court--seven out of nine justices were appointed by Republicans--ruled that the death penalty was unconstitutional for minors. Justice Antonin Scalia, who is rumored to be in line as the next Chief Justice, was upset with the court.

Yahoo Article

Scalia blamed the five justices who came down against the death penalty for using "evolving notions of decency" as their reason for making a personal decision. He wondered aloud why the citizens would want nine lawyers to decide the fate of this country.

So let me get this straight. Scalia, who is arguably the most conservative judge on the bench is perturbed that justices have used their power for personal gain. He urges a more hands off approach. What's the threat from a conservative judge?

A conservative justice is not an activist one. She would allow the legislative process to do it's work. In other words: let the people decide the rules that govern them.

The Supreme Court has become a battering ram for liberal social revolution. Despite fears to the contrary, conservative justices are not going to stage a counter-revolution. As long as conservatives continue to play by the rules--read: actually bother to use the Constitution in decisions--liberals will get their way on the social front.

The high road is a lonely one.

1 comment:

Loyal Achates said...

If 'conservative' judges really conservative, there wouldn't be a problem. But supposedly 'conservative' judges (such as Scalia and Thomas) are at least as partisan and political as their leftist counterparts. I have no doubt that a right-wing court would do everything possible to force through whatever agenda the GOP is pushing that year.