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September 22, 2005

Redefining Judicial Activism

Posted by Eric at 7:38 am. Filed under: General

In between her biting satirical digs on the New York Times and John Kerry, Ann Coulter makes some great points in her most recent column.

If Americans loved judicial activism, liberals wouldn’t be lying about what it is. Judicial activism means making up constitutional rights in order to strike down laws the justices don’t like based on their personal preferences. It’s not judicial activism to strike down laws because they violate the Constitution.

But liberals have recently taken to pretending judicial activism is — as The New York Times has said repeatedly — voting “to invalidate laws passed by Congress.” Invalidating laws has absolutely nothing to do with “judicial activism.” It depends on whether the law is unconstitutional or not. That’s really the key point.

The left’s redefinition of judicial activism to mean something it’s not allows liberals to claim they oppose judicial activism and to launch spirited denunciations of conservative judges as the real “judicial activists.” This is the Democrats’ new approach to winning arguments: Change the definition of words in mid-argument without telling the guy you’re arguing with. Chairman Mao would approve.

Thus, The New York Times prissily informed its readers: “There is a misconception that so-called activist judges who ‘legislate from the bench’ are invariably liberal. In fact, conservative judges can be even more eager to overrule decisions made by elected officials.”

That statement has as much intellectual content as saying: “There is a misconception that so-called activist judges who ‘legislate from the bench’ are invariably liberal. In fact, conservative judges can be even more eager to play tennis.”

The very act of redefining “judicial activism” to mean invalidating any law passed by elected officials is precisely the sort of Alice-in-Wonderland nonsense we’re talking about. Liberal judges redefine the Constitution’s silence on abortion to mean “abortion is a precious constitutional right.” Liberal flacks in the media redefine judicial activism to mean “striking down laws.”


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