Monday, November 15, 2004

Selective Indignation

So, it seems that many on the Left have picked up on the new "talking point" of calling Strict Constructionist judges "Right Wing Activists."

First, it is not activism to undo the activism of the past.

Second, where was all the wailing and gnashing of teeth about the lack of respect for stare decisis when the Supreme Court recently struck down State sodomy laws? In case you weren't aware, that opinion cut directly against decades of consistent rulings.

You see, stare decisis is only a sacred cow when it can be used to prop up a prior Liberal "victory." When there are Liberal causes to be advanced, even in the face of overwhelming jurisprudence and public opinion, stare decisis must be jettisoned in order to move toward a "perfect society."

3 comments:

jkempf said...

Right on Marty! By the way, the article you linked to by Jane Whats-her-name was hysterical. It was a caricature of itself.

Who am I? I met you once at your brother Mike's house in Marietta. I think you were still in law school. The night I met you, you were on your way to a karaoke bar, planning to sing "Mac the Knife."

Excuse us non-lawyers, but what exactly does the phrase "stare decisis" literally mean?

Oh yeah, I watched and cheered you on during "Millionaire." Congrats!

The Calvinator said...

Jay (I know who you are),

Here's a definition from Merriam-Webster's law dictionary:

Main Entry: sta·re de·ci·sis
Pronunciation: 'ster-E-di-'sI-sis, 'stär-E-; 'stä-rA-dA-'kE-sEs
Function: noun
Etymology: New Latin, to stand by things that have been settled
: the doctrine under which courts adhere to precedent on questions of law in order to insure certainty, consistency, and stability in the administration of justice with departure from precedent permitted for compelling reasons (as to prevent the perpetuation of injustice)



I have heard average Liberals and Moderates decrying what they are calling "Right Wing Activism" that ignores this doctrine. I saw Alan Dershowitz (Harvard Law Professor) on CNN Saturday or Sunday spouting the same drivel.

oso diablo said...

Dershowitz can't help it; he has the copyright on drivel.