Recent U.S. Supreme Court Decisions have gone the way of the 5-4 vote mainly along ideological and political lines. The D.C. gun ban decision comes down tomorrow so as I write this I am uncertain if they will issue another alarmingly activist ruling or do something really crazy and uphold the U.S. Constitution.
I have always been fascinated by those opposed to the term “Judicial Activism.” Liberal Justices, those of the “living and breathing constitution” variety, find rights where none exist (Roe v. Wade, Boumediene v. Bush) and attempt thru judicial decree to alter the landscape of this country, subverting the will of the people. Conservative Justices do not impose their own personal conservative beliefs on the public, but rather seek to interpret the LAW as it pertains to the U.S. Constitution.
The Legislative branch writes the laws. The Judicial branch interprets the laws. The Judiciary cannot add anything to the mix. Let me restate… they SHOULD not add anything, the DO in fact add things all the time.
It’s fairly straightforward – yet we continue to get these 5-4 decisions on the more important issues of the day. There have been some biggies thus far this Supreme Court term:
5-4 limiting Govt interference in political ads (GOOD)
5-4 increasing Govt power in eminent domain (BAD)
5-4 upholding BAN on Partial Birth Abortion (GOOD)
5-4 granting unlawful enemy combatants U.S. Constitutional Rights (BAD)
5-4 against race based enrollment preferences in public schools (GOOD)
5-4 disallowing the death penalty for a child rapist (BAD)
Let’s all hope they get the upcoming 2nd amendment decision in the (GOOD) category and rule the Wash DC gun ban as unconstitutional, which it most certainly IS.
The Justices on the left side of the aisle can certainly find "rights" where none exist so let’s see if they go ahead and find the right to bear arms which actually DOES exist and throw out the DC ban.
NO Death Penalty for rape of child
NY times bias Justice 5 Brutality 4
Rules against Race based enrollment in Public Schools
the four most conservative justices, led by Chief Justice John Roberts, voting to ban all race-based school assignments under the principle of a color-blind Constitution.
Upheld the Federal Partial Birth Abortion Ban
CNN shows bias: “what critics call partial birth abortion” !
Eases restrictions on Political Speech
McCain Feingold “Campaign Finance Reform”
"Discussion of issues cannot be suppressed simply because the issues may also be pertinent in an election," Roberts wrote. "Where the First Amendment is implicated, the tie goes to the speaker, not the censor."
Expands Govt’s Eminent Domain Power