October 3, 2005
CODE-BREAKERS:
Bush picks insider for Supreme Court (Reuters, 10/3/05)
Bush said Miers would not legislate from the bench and would strictly interpret the Constitution, his code language for a conservative philosophy.
It's nice of Reuters to acknowledge that the conservative philosophy is to support the Constitution while the liberal philosophy is to legislate from the bench.
Posted by pjaminet at October 3, 2005 10:40 AM
the conservative philosophy is no such thing. the rehnquist court legislated from the bench constantly, by striking down laws passed by legislatures.
Posted by: Rick Perlstein at October 3, 2005 1:26 PMPsst. I hear Miers is an ubercon.Pass it on. (Maybe this will convince "the base".)
Posted by: Jim in Chicago at October 3, 2005 1:31 PMAnd our good friend Rick "no T" Perlsein shows he doesn't know what "legislate" means...
Posted by: b at October 3, 2005 1:51 PMRick: It's the court's job to strike down laws that go against the constitution.
Posted by: Bartman at October 3, 2005 3:02 PMLeft controlled legislatures have never, ever passed an un-Constitutional law deserving of being "struck down". Don't you realize it's only conservatives and their GOP legislative cronies who pass bad laws from which the Supreme Court has to protect us by reluctantly "legislating from the bench?"
Posted by: Raoul Ortega at October 3, 2005 3:10 PMIt also seems Mr. Perlstein puts a lot of faith in his legislature(s).
Our FF don't agree w/him, but hey, they were dead white rich slave owners, what did they know?
Posted by: Sandy P at October 3, 2005 3:24 PMRick: Name the case and we'd be glad to discuss whether it is judicial activism or orignalist jurisprudence.
Posted by: David Cohen at October 3, 2005 3:35 PMYou know, you just know, that after writing that passage the Reuters folks patted themselves on the back for their subtlety.
Posted by: Tom at October 4, 2005 5:14 PM