2005.01.07
Rehnquist Speaks Out
Here’s a bit of news that seems to have been skipped in general: Chief Justice William Rehnquist speaks out against politicizing the judiciary, specifically mentioning the Conservative’s use of the term activist judge.
I’ve mentioned before in a few places why I am against this terminology. Judges do not seek to legislate, but the are authorized to stop or modify legislation that is unconstitutional. The have to interpret the law, which is not always a simple matter, and a judge’s individual conservatism or liberalism does influence that interpretation. However, to say a judge is “activist” (the definition of which I have a hard time attributing to any judge, even one’s I don’t agree with) is like saying a human can breathe water unaided; I’m sure there are a few people who believe that they can breathe water without a scuba tank or a snorkel or genetic modification to give them gills, but they would be wrong.
I am rather proud of Rehnquist for having the courage to speak out against the political abuse of the judiciary. It is unfair to the judges and it is unfair to the Constitution which is the basis of our American Republic.
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