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Taylor: It's Not Judicial Activism If Conservatives Do It
Lawyers, Guns and Money — ... Armando makes the first obvious point: this is a statutory interpretation case, in which stare decisis should carry a heavy weight. If Congress disagreed with judicial interpretations of the Civil Rights Act, it has had nearly 40 years to modify it. The fact that it hasn't renders claims that the Court was "vindicating" the "central thrust" of the Civil Rights Act nonsensical. (Not to mention that the idea that protecting white privilege was a central thrust of the CRA isn't very plausible even on its face.) On the idea that it would vindicate the "central thrust" of ...

Judicial Activism, IOKIYAR?
Daily Kos — ... Adherence to the "Constitution's text and enduring principles," the "dictates of the craft," should be the rule against which so-called "judicial activism" is measured. Should be, and is, unless you're conservative columnist Stuart Taylor. ...

Brownback Third Republican to Say "No" to Sotomayor
Daily Kos — ... that she believes the judiciary should take an activist role and make laws, instead of upholding the law," Brownback said on the Senate floor yesterday, echoing the concerns of several of his Republican colleagues. "As Chief Justice [John] Roberts said, a justice should be an impartial umpire, not a player in the game. I am afraid Judge Sotomayor wants to be more of a player than an umpire." Right, because John Roberts has proven to be an "impartial umpire" and not an activist at all. It is rather unseemly to make this pronouncement before her ...