Saturday, June 23, 2012

Conservatives hate activist courts? Not if rule the conservative way...

I didn't know about Knox vs SEIU (Service Employees International Union) when I wrote little bit of satire, yesterday. If anything proves that this Supreme Court is all about partizan politics - this decision is it. They broke their own rules to issue a ruling that, not for the first time, far surpassed the appeal they were supposed to be considering and, again not for the first time, thumbed their conservative noses at existing precedent.

Stare decisis and considered judicial reasoning aren't for Justice Roberts and his conservative cohorts.

At this point, I don't think there's a chance in hell of them figuring Obamacare is constitutional - despite being eminently so. I strongly believe the 5 conservatives are figuring just how far off remit they can go in ensuring that there is no possible chance of health care reform. I wouldn't be surprised if they went as far as putting Medicare and Medicaid on the block!

So much for the Supreme Court being an impartial referee. Justice Roberts and his conservative cabal are hell-bent on ensuring that the game is thrown their way.

Carolyn Ann
at

2 comments:

  1. AFAIK the definition of "judicial activism" as "legislating from the bench" is a definition invented by conservatives for conservative purposes. I'm not sure, but I think maybe they coined the term "judicial activism" in the first place. The whole "judicial activism" meme seems to me to be part of the backlash against the civil rights movement, whose most significant victories were achieved in the judicial branch. "Activism" (without adjectives) generally refers to the use of political (and sometimes non-political) pressure in hopes of improving the world. Conservatives have always been antagonistic toward activism (in general), so inventing the term "judician activism" I think was a sort of dog whistle to rally the anti-activist troops to be anti-judicial.

    But by their own definition, can they ever dish it out...

    ReplyDelete
    Replies

    1. You are right in your history and definition, Lorraine :-)

      And yes, they can dish it out! They don't mind if the judicial activism gives them what they want. (How astonishing!) :-)

      Delete

Anonymous comments are disallowed for the time being.

Comments and conversation are encouraged. :-)

Miserable attempts at insult, self-pity and whiny sniveling isn't. There are other blogs that specialize in, and relish, that sort of pedantry.

Subscribe to: Post Comments (Atom)