The Limits of 'Growth': Justice O'Connor becomes a full-fledged judicial activist

Opinion Journal ^ | 12/11/03 | John Fund

[Pokey78]

Justice Sandra Day O'Connor more or less completed her ideological journey toward judicial activism yesterday when she cast the deciding vote upholding the McCain-Feingold restrictions on campaign speech. Proponents of judicial restraint who were leery of her when Ronald Reagn appointed her in 1981 acknowledge that even they didn't expect her to come under the sway of elite opinion as much as she has.

[El Conservador]

Oh, shut up!!!

This article is nothing more than the lobbies and the union crying because they won't be able to go pol-shopping as easy as they usually did!!!

Keep lobby and union money out of DC!!!

[arasina]

President Bush would be well to look for men and women of Justice Thomas's fortitude when it comes time for him to fill the next vacancy on the Supreme Court.

And Antonin Scalia.

[Cosmo]

Alot of recent 5-4 decisions, and nary a suggestion from the left that somehow such a margin renders the decision(s) illegitimate.

[Old Sarge]

I have become convinced that, since Bush v. Gore in 2000, the SCOTUS has gone out of its way to appease the Left and not incur their wrath and ill wishes again.

Whether it's because they want to be invited to the best parties; or, maybe lobbying for one of those nice retirement dachas the Left owns in California; or a cushy professor emeritus job at some Leftist college (as if there are any other); the Nine Old Men are playing to Left field.

The author is correct: all you have to do is get someone to whine, "Pleeeze Like Me!", and you've got them.

[LiteKeeper]

IMPEACH in-JUSTICE O'CONNER

[little jeremiah]

Whatever, I love Scalia.

"The first instinct of power is the retention of power, and, under a Constitution that requires periodic elections, that is best achieved by the suppression of election-time speech. We have witnessed merely the second scene of Act I of what promises to be a lengthy tragedy."

It's the restriction on ads before elections that really sucks. How many days is it?

[Reactionary]

It's time for Americans to tell these black-robed fascists to shove it.

We don't take marching orders from these swine. This is our country, and we have the right to say whatever we damn well please.

[FastCoyote]

You can shut up yourself. The decision means a mountain of litigation, more special interests (but now hidden under fake organizations), and the rise of people like George Soros.

[AFarmer]

Republicans control the House and the Senate, not to mention the Executive. This bill didn't make it to the SCOTUS because of commie-lib legislators, it made it to the Court because Republicans no longer give a crap about Conservative ideals.

As far as I'm concerned, I don't need to be shown the door, I know where it's at.

[hellinahandcart]

I think Sandra may be playing to the galleries a bit as she prepares to step down from the court."

I think the traitorous b!tch has been bribed. It's the only explanation.

I have ruled out blackmail, because she seemed too serene this summer while explaining that she took the laws of other nations into account when making some of her more disastrous decisions last spring.

Someone is giving her something she wants very, very much. Wait and see what happens after she retires.

[Clintonfatigued]

That's an overstatement. Justice O'Conner's record leaves much to be desired, but she's not Ruth Ginsburg.

[Clintonfatigued]

I predict that O'Conner will retire within the next 5 years. But I'll give credit where credit is due: she doesn't want her replacement to be named by a 'Rat president. If it weren't for the 'Rat filibusters going on right now, she might have already retired. Same goes for the aging, ailing Rehnquist.

[hellinahandcart]

Oh, shut up!!!

That's what the court told you and me today, if you haven't figured it out yet. Those of us who aren't George Soros can only get our political message out effectively via "lobbies".

Interesting that you think John Fund and Antonin Scalia are crying for the unions.

[TheCrusader]

"Someone is giving her something she wants very, very much."

Yeah, power. Giving women political power was the dumbest thing we ever did in America. They're intoxicated by power, and it's been a steady demise.

[Clintonfatigued]

Well, let's be fair. Anthony Kennedy and David Souter were chosen only because the 'Rats controlled the Senate. If we want more judges who are Constitutionalists supportive of judicial restraint, we need fewer 'Rats in the U.S. Senate. Republicans don't push many conservative ideas because their margins in Congress are so small.

[hellinahandcart]

Nice to know you're willing to do without my vote. Frankly, I have lost enough rights for one day, so stuff it.

[L.N. Smithee]

Oh, shut up!!! This article is nothing more than the lobbies and the union crying because they won't be able to go pol-shopping as easy as they usually did!!! Keep lobby and union money out of DC!!!

....Did you even read this article?

I don't think you did. Your comment has no basis in anything that Fund addressed.

[RippleFire]

bump

[Congressman Billybob]

As I wrote in detail on the mail thread on the CFR decision, I plan to lead a civil disobedience in-your-face challenge to this law and decision. I will ask 1,000 or so others to join me, run a forbidden ad within 30 days of the primary, with the final line being "Come and get us."

I expect the authorities not to go after 1,000 people, but instead to go after me as the ring leader. That's exactly what I have in mind. For the sake of the Constitution I am willing to put my possessions and my freedom on the line. I have no more faith in the Supreme Court. I am willing to trust that at least one of 12 jurors will read what the First Amendment says, "Congress shall make no law...," and refuse to convict.

Please consider joining me in that effort.

Congressman Billybob

Latest column, "In Praise of Bigotry," discussion thread. (ChronWatch used a longer title than my original.)