Those Out of Control Judges

Let's be honest. "Activist judges" are judges you don't agree with.

But the so-called threat of activist judges is the chief argument put forth to support passage of the civil unions and marriage ban.

It's been a busy few weeks for these judges all around the country. Let's review what they've been up to:

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At 12:08 AM, Anonymous David Seitz said...

What a disappointing slough of cases.

I really appreciate your point on "activist judges," though. In April, when I read SCOTUS Justice Stephen Breyer's book "Active Liberty," I began to understand that the continuum between judicial activism and judicial modesty is best understood as a describer of judicial temperament, not ideology or even judicial philosophy.

Ironically, the whole point of judicial modesty -- which proponents of the ban claim to advocate -- is to allow communities to have ongoing democratic conversations about issues. The ban stops those democratic conversations cold; there's one referendum, this single ballot measure, and then that's it! No opportunities for hearts and minds to change, no conversations about our LGBT friends and neighbors, none of what John Adams called "positive passion for the public good."

But thanks to Fair Wisconsin, we're going to be having those conversations now and for many years to come in this state. And we're going to have the freedom to make decisions that reflect the policy preferences of more enlightened future generations.

Thanks for everything you're doing, Josh and all.


At 11:14 PM, Anonymous Anonymous said...

You've got it wrong. Activist judges are NOT judges you don't agree with. Activist judges are judges who don't follow the rule of law.

We are a nation of laws. We are a nation of laws so that people know the laws, know their rights, and have rights. If you don't like a law there is a process to follow to change the law. It's really that simple. Otherwise we are Nazi Germany or Communist Russia. It is whatever that official decides the law to be for that day. This is important for both sides, right and left.

Wake up, before we all wake up in a dictatorship, if we haven't already.

At 8:03 PM, Anonymous Jennifer said...

Government 101 - Our government is set up as a system of checks and balances. It is the purpose of the judicial branch to interpret the laws. The check on the judicial system is that appointments are made by the executive branch subject to legislative confirmation. Hence, the often heated confirmation hearings. And apparantly judges go both right and left, also!


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