Monday, June 25, 2007
We're supposed to be the ones calling for the Supreme Court to respect the laws Congress makes. We're supposed to be the ones against the Supreme Court ignoring Congress' intent and 'making law' from the bench. We're supposed to be the ones who want the Supreme Court to refrain from ignoring precedent in order to satisfy their own agenda.
We screamed like crazy when the Supreme Court ignored precedent and overrode the wishes of state legislators when they threw out Texas' anti-sodomy laws. We scream when the Court decided the Constitution all of a sudden banned the execution of those who were minors at the time of their crime.
And yet we celebrate when the Supreme Court throws out aspects of a recently enacted campaign finance reform measure, a law that had passed muster the first time it appeared before the Court. We're happy the 'activist' Court decided to ignore Congress to 'legislate from the bench'.
As I've said before, conservatives and liberals aren't so different in how they view the judicial system. Both sides consider the judicial system to be a tool in throwing out unwanted laws. Neither side complains when the Court goes activist in a way to their liking, whether by overturning precedent or rejecting legislative initiatives; it is only when the Court goes and rules against one side or the other that the complaining starts.
Pot or kettle? You decide.