Defenders of the Republic
Check out the government database of bills and resolutions. Check out house resolution 3920.It's a very short bill that reads, in part,
The Congress may, if two thirds of each House agree, reverse a judgment of the United States Supreme Court.The bill is called "Congressional Accountability for Judicial Activism Act of 2004." Here's to our brave congessmen, protecting us from the evil of the US Constitution.
All right, I hereby apologize for bothering to call attention to yet another nut-ball bill with 11 sponsors in the house and about as much chance of becoming the law of the land as I have of bedding Eleanor Roosevelt.
I am concerned, however, by a growing trend in the right to view not just liberal judges with contempt, but the judicial system as a whole. D.J. Connolly argues that judicial activism causes crime. He posits that judicial decisions in the '60's and '70's affirming the rights of criminals set off a "judicially created crime wave." Robert Bork's new book argues against the growing internationalization of law - American judges considering the decisions of foreign courts when ruling. Cause those dirty foreigners have nothing of value except for oil and cheap labor. Right up to President Bush, conservatives are arguing against the tendancy of the courts to overturn laws they deem unconstitutional. They are fighting a plauge of 'judicial activism.' Where exactly is this movement against 'judicial activism' coming from? I can only think of three court cases that have penetrated the national consciousness in the new millennium, and only one of those was a SCOTUS case.
The Mass Supreme Court ruled in favor of gay marriage of course, but we've been over and over than one decision again and again and again. The 9th Circuit may have ruled against 'under God,' but that case hasn't been reviewed by SCOTUS yet, and the majority of American's no longer care. That leaves only Larwence v. Texas as a recent major SCOTUS case, and the ruling their was hardly out of line with the constitution or most American's values.
So, where is this plague of leftist activist judges? So far this year, the Supremes have heard the following cases:
- CONNECTICUT DEPARTMENT OF PUBLIC SAFETY v. DOE; upheld the constitutionality of Megan's Law and the sex offender registry; this was a centrist-right ruling.
- BLACK & DECKER DISABILITY PLAN v. NORD; overturned a 9th Circuit decision that B&D's insurance must defer to treating physicians when granting or denying workers comp claims. This was a victory for the corporations and a right-of-center ruling.
- INYO COUNTY v. PAIUTE-SHOSHONE INDIANS OF THE BISHOP COMMUNITY; ruled that an Indian casino must turn over payroll records of employees being investigated by the federal government. A blow to the sovereignty of Indian tribes (and we thought that went out of style a hundred and fifty years ago) this decision also overturned a 9th circuit ruling. This was a centrist-right ruling.
