Posted on 06/08/2005 11:03:57 AM PDT by Tumbleweed_Connection
THE SENATE filibuster agreement guaranteeing up-or-down votes for most judicial nominees creates a test for conservatives who rail against judicial activism. For decades, conservative politicians have objected to the use of the courts to bring about liberal policy results, arguing that judges should take a restrained view of their role. Now, with Republicans in control of the presidency and the Senate, President Bush has nominated a judge to the U.S. Court of Appeals for the D.C. Circuit who has been more open about her enthusiasm for judicial adventurism than any nominee of either party in a long time. But Janice Rogers Brown's activism comes from the right, not the left; the rights she would write into the Constitution are economic, not social. Suddenly, all but a few conservatives seem to have lost their qualms about judicial activism. Justice Brown, who serves on the California Supreme Court, will get her vote as early as tomorrow. No senator who votes for her will have standing any longer to complain about legislating from the bench.
Justice Brown, in speeches, has openly embraced the "Lochner" era of Supreme Court jurisprudence. During this period a century ago, the court struck down worker protection laws that, the justices held, violated a right to free contract they found in the Constitution's due process protections. There exist few areas of greater agreement in the study of constitutional law than the disrepute of the "Lochner" era, whose very name -- taken from the 1905 case of Lochner v. New York -- has become a code word for judicial overreaching...
(Excerpt) Read more at washingtonpost.com ...
Hey WP, eat sh*t
Cannibalism?
Just heard on RUSH that the dumbokratz are going to protest by marching INTO THE SENATE CHAMBERS!!!!!!!!!!!!!
you forgot about the part of what th ey should do once they consume the feces...
..
When the WP editor gets around to substantiating the claim that Brown is a judicial activist, he cites a dissent she wrote. Wow, what a great example of a track record of judicial activism.
Justice Brown's "crime" is that she had the temerity to run away from the liberal plantation.
WaPo editors/commentators take turns seeing who can get the most subscriptions cancelled, I bet this guy wins for the month.
(Liberal) Print is Dead.
The die have been cast by the Democrats. They've turned the courts into defacto legislatures, so two can play that game.
A battle joined.
The die have been cast by the Democrats. They've turned the courts into defacto legislatures, so two can play that game.
No, there is no Liberal bias in the news... nothing to see here... run along.
Up is down; down it up. In idiot Liberal Land nothing appears to be what it actually is.
That's what I was thinking.
Where are the facts? Surely if she is so ominous and overreaching we could get a few precedential examples?
WP STFU!
Sorry, I'm an engineer- I speak in acronyms.
Liberal nappies need changing because of her opinion that the Constitution actually says, and means, "compensation' - and she has the temerity to consider that to mean whenever government takes property it must compensate the property owner for what was taken.
How radical of her!
If he lets the the Dims win I'm gonna be sick.
the article was written by the WA Post, the same WA DC where 90% voted Kerry and 10% Bush (check CNN.com election results). Need I say more about the leftism in WA DC?
The Lochner case was a challenge to a law in New York that limited bakers to working 60 hours a week. The Lochner era ended in the late 1930s when the New Deal FDR courts decided that non-enumerated powers in the Constitution gave the government the right to implement a mild form of socialism.
Returning to the Lochner era is tantamount to saying that you are an originalist, or that you care about the Constitution, or that the New Deal era of a living Constitution filled with non-enumerated powers is wrong.
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