The April 14 editorial followed the conservative line of “liberal activist judges.”
The tale goes that conservative judges interpret the law and liberals try to make it. Nothing could be further from the truth.
The Constitution was written to be interpreted by future generations and guide them in situations the writers could not have imagined. It is not a “fill in the blanks” document.
The present court has been one of the most activist in years. Here are some of the activist decisions:
• The affirmation of G.W. Bush as president, affirmative action deemed unconstitutional and giving corporations the right of “Free speech” (unlimited political funding by corporations), nullifying a part of the McCain-Feingold campaign finance law, convoluted interpretation of the Civil Rights Act of 1964 thus putting hurdles in the way of victims of discrimination seeking justice.
If a corporation has the right of free speech then it follows that a corporation should be subject to the three strikes law also.
Conservative judges tend to invalidate laws that oppose the interests of corporations, business interests, wealthy and other powerful interests.
Liberal judges use judicial review to invalidate laws that disadvantage racial and religious minorities and the average individual who is usually ignored or exploited. Some instances are:
• ending racial segregation, one person one vote, right to due process, even to terrorists and affirmative action.