On the Horizon
In a Real Clear Politics commentary, today, Thomas Lifson of The American Thinker, has written Judicial Activism’s Perfect Storm.
Lifson predicts a storm brewing and makes some excellent points. Please read the entire article.
It seems all the forces surrounding judicial activism are rapidly reaching hurricane proportions. What makes it a perfect storm is the triangulation of the winds blowing. His major points are the following along with some excerpts:
“The American Public Is Paying Attention
High profile decisions in which judges nakedly impose their preferences have been accumulating at an accelerating pace. It is no longer an unusual occurrence for Americans to turn on their radios or TVs, or log onto the internet to discover that a judge somewhere has concluded that homosexual marriage is a Constitutional right, or that the death penalty for adolescents has become “cruel and unusual punishment” in the last 15 years, or that the phrase “under God” should be stricken from the Pledge of Allegiance, or that public display of a Christmas scene is forbidden, while display of a Islamic crescent is not.
Abortion Policy Is An Increasing, Not A Receding IrritantPublic Awe Of The Judiciary Is Receding
As never before, the new media are able to focus on instances of judicial misconduct, absurdity, and personal misbehavior among judges. Bill O’Reilly of Fox News Channel has become the number one program on cable news with his regular criticism, by name, of judges who hand down outrageous decisions. Some have even left the bench after his unwelcome attention.The Supreme Court Is At A Turning Point
Powerful Voices Advocate A Return To Originalism
The blogopshere, with many blogs produced by law professors, lawyers, and others interested in the issue of legal activism, is another collective voice debating the topic, one which bypasses the former monopoly held by liberal media organs, which mostly supported activism with great enthusiasm.The Republican Senate Majority Seems Inclined To Break Filibusters of Judicial Nominees
The Democrat’s Argument Will Not Prevail In The Public Arena
Since the Constitution specifies that only a majority vote is required for confirmation, the Republicans have a very good case to make to the American people, should the Democrats stupidly follow-through on their threat to shut-down legislation in the Senate, in response to a rules change. Already, Minority Leader Senator Harry Reid has equivocated on the threat, admitting that war-making and national security issues will not be blocked. Since the Constitution specifies that only a majority vote is required for confirmation, the Republicans have a very good case to make to the American people, should the Democrats stupidly follow-through on their threat to shut-down legislation in the Senate, in response to a rules change. Already, Minority Leader Senator Harry Reid has equivocated on the threat, admitting that war-making and national security issues will not be blocked.”
He sums it up by saying:
“There is thus every prospect that substantial changes in the membership of the Supreme Court will take place. With a new Chief Justice to lead them, the Supremes will signal a new era in the judiciary. While it will take time for these changes to filter down to state and local jurisdictions, and many obstacles remain, it is quite possible that future historians will observe that 2005 marked the zenith of judicial activism.”
If true, the changes will be sweeping indeed. Judicial activism will be drastically reduced, if not broken outright, plus the last vestiges of liberal power will be finally blown away.
“And with the blast of thy nostrils the waters were piled up, The floods stood upright as a heap; The deeps were congealed in the heart of the sea.” (Exodus 15:8 ASV)
So let it be done!
