Has there every been a court that copped to the plea of judicial activisim?
I'm not quite sure that it fits the bill, but I think Judge Wilkinson's
opinion in Brzonkala comes close to doing so, although he attempts to
justify the present wave of activism to which he refers. I would frankly be
surprised if there were not other and clearer examples.
Paul Horwitz
From: Brad M Pardee <[EMAIL PROTECTED]>
Reply-To: Law & Religion issues for Law Academics
<religionlaw@lists.ucla.edu>
To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu>
Subject: Re: Dover Intelligent-Design Case
Date: Tue, 20 Dec 2005 11:39:25 -0600
The judge wrote, "Those who disagree with our holding will likely mark it
as the product of an activist judge. If so, they will have erred as this
is manifestly not an activist Court."
Has there ever been a Court that admitted that it WAS activist? Is there
a decision somewhere that says, "This Court is proud to admit that it is
an activist Court, and thank you for noticing"?
Rick may be on to something when he says, "The Bard might have said: "The
judge doth protest too much, methinks."
And maybe it's just my untrained eye, but when I see a judge referring to
the defendandts as liars and breathtakingly inane, I find myself wondering
how that is part of his job. His job is to interpret the law, not to
assess the moral fitness of people whose arguments he did not agree with.
If he thinks they're right, say so. If he thinks they're wrong, say so.
(And if he truly believes they were lying and that this isn't just extreme
rhetorical excess, can I assume perjury charges will be forthcoming?)
The snippets posted by Ann make me seriously doubt the judge's
impartiality and temperament, and I'm not sure I'd want him judging pecan
pies at the County Fair, much less matters of serious Constitutional
import.
Brad
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