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Undertoad · 05-03-2005, 05:09 PM

From the swing voter POV,

There's no such thing as an "activist judiciary" - it's just judges making decisions that some people don't like. This has always happened, and is simply how the system plays itself out.

Some elements of social change show up in different places at different times, that's all. Look at civil rights in the last century where sometimes it was the judiciary to the rescue. They were not "activists" because they came out on the right side of history, or at least the winning side.

If you don't like how an issue has come out, you can turn it into a legislative one... if you have the will of the people that should not be a problem, and the issue's urgency in the public eye will mirror the legislative urgency. If the majority of the people think an issue is really a capital-P Problem, the legislature will RUSH to address it. Ham-handedly, even.

05-03-2005, 05:09 PM	#9
Undertoad Radical Centrist Join Date: Jan 2001 Location: Cottage of Prussia Posts: 31,423	From the swing voter POV, There's no such thing as an "activist judiciary" - it's just judges making decisions that some people don't like. This has always happened, and is simply how the system plays itself out. Some elements of social change show up in different places at different times, that's all. Look at civil rights in the last century where sometimes it was the judiciary to the rescue. They were not "activists" because they came out on the right side of history, or at least the winning side. If you don't like how an issue has come out, you can turn it into a legislative one... if you have the will of the people that should not be a problem, and the issue's urgency in the public eye will mirror the legislative urgency. If the majority of the people think an issue is really a capital-P Problem, the legislature will RUSH to address it. Ham-handedly, even.