Wednesday, September 5, 2018

Judicial activism or self defense?

In the NY Times:

Once upon a time, liberals looked to the Supreme Court to secure social justice, while conservatives abhorred what they called judicial activism. Now that conservatives are on the verge of locking down control of the court, they can’t wait for the court to enshrine new legal doctrine to achieve victories that have eluded them in the political branches, or, if need be, to validate successes won now that the White House and Congress are in Republican hands. Rollbacks of federal regulation of the environment, the workplace, health care and the voting booth are the constitutional grail for conservatives. Suddenly, liberals are the ones preaching judicial restraint. In the fight for the court, hypocrisy is king.
Are conservatives really asking the court to achieve victories for them or are they merely responding to progressive lawsuits which blocked Constitutional and legal action by the President and Congress?

Is there really any question that the President has the power to block immigration from countries in the name of national security as specifically granted in law?

Is Obama's executive order on DACA recipients really more legitimate than Trump's executive order on the same subject?

Is overturning a federal judge's false claim that M-16s and AR-15s are basically the same rifle (and therefore subject to a ban in direct contradiction of a previous SCOTUS ruling) really judicial activism?

The Washington State Attorney General has filed something like twenty lawsuits against the Trump Administration.  I am not convinced that it is judicial activism when conservatives expect a conservative judge and a conservative court to push back.

This article instead sounds like someone lecturing conservatives about what it means to have real conservative principles, while letting progressives do whatever they want without a word said when they are in power.  Typical that when the left is in power we are told that elections have consequences and when the right is in power we are lectured about how pursuing our agenda is wrong-headed and we are given "advice" on the correct way to be conservative.  Reminds me of leftist commentators back in the Clinton era telling conservatives what they needed to do if they ever wanted to win another election, like any of those opining actually wanted that.

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