‘Activist Judges’ – An Objective Measure

Whenever a new Supreme Court appointment is nigh, Republicans start bleating about ‘activist judges’ and how they can’t be allowed onto the court.  But without a definition of ‘activist’ this tired rubric is just so much bullsh*t posturing.

Really, the term ‘activist judge’ is just code for “anybody who is likely to do things that I don’t like”.  Well now, an Op-ed in the New York Times gives us an objective measure of the term:  How often a justice votes to strike down a law passed by Congress.  And who do we suppose votes most often to strike down laws when a case comes before the Supreme Court?  See for yourself (noting that this is the record of the so-called ‘Rehnquist Court’) …

Thomas 65.63 %
Kennedy 64.06 %
Scalia 56.25 %
Rehnquist 46.88 %
O’Connor 46.77 %
Souter 42.19 %
Stevens 39.34 %
Ginsburg 39.06 %
Breyer 28.13 %

Given this, it’s probably not too much to ask that the ass-wipes who are threatening to filibuster Sonia Sotomayor shut-the-f*ck-up and vote for her. That way they’ll be likely to get someone who doesn’t fit the nonsensical label of ‘activist’.

Tip-o-the-hat to FranIAm who turned me on this piece.

5 thoughts on “‘Activist Judges’ – An Objective Measure”

  1. This is just like the state’s rights argument, which, if the Republicans really cared about, they would be in favor of Sotomayor’s ruling in the firefighter case, which was for the city of New Haven. That’s what Lawrence O’Donnell just crammed down Pat Biuchanan’s racist throat on Hardballs.

  2. SA… In the end, I’m not sure the ‘Thuglicans are really going to oppose this nomination. The court’s balance is not going to be changed much, and they’ll probably realize that it could have been much worse for them. One wonders what will happen when John Paul Stevens retires.

    TPM… Thanks, but I really can’t take credit. The NYT got the goods on this one. Wish I’d thought of that line of reasoning. ;-)

    Mr_Blog… LOL!

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