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."
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2 comments:
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.
Dershowitz can't help it; he has the copyright on drivel.
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