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If you don't like the Supreme Court's decisions, pack the court..

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  • #16
    Originally posted by Massena View Post
    And you don't think that the ultra conservatives don't want conservative judges who are activists? You've got to be kidding.

    And every nominee has to be confirmed by the Senate. The House does not have that duty, nor should it, unless you want the Constitution changed.
    What is the definition of activist judge?
    Does following the Constitution and precedent of law make one an activist?
    Handing down rules based on feelings or politics would be my definition.
    Dispite our best intentions, the system is dysfunctional that intelligence failure is guaranteed.
    Russ Travers, CIA analyst, 2001

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    • #17
      Originally posted by Massena View Post
      And you don't think that the ultra conservatives don't want conservative judges who are activists? You've got to be kidding.

      And every nominee has to be confirmed by the Senate. The House does not have that duty, nor should it, unless you want the Constitution changed.
      Except that "ultra conservatives" rarely get in a position to appoint judges. The Left regularly does now. For example, it has been overwhelmingly Obama appointed judges that have opposed Trump at every turn, even as they get overruled on appeal far more than 90% of the time.
      So, while there is some judicial activism from the Right, the overwhelming majority of it comes from the Left.

      Take for example gay marriage. Back when this topic first came up the LGBTPDQRSTUV community was saying that they wanted "the people" to decide and got it on the ballot, etc. In 35 states they were shot down, to include some states altering their state constitution to keep gay marriage from happening.
      What'd the alphabet soup crowd do? They didn't accept that outcome. They shopped judges and went to court. In California, the judge that initially ruled against that state's constitutional change was himself a gay activist. Thus, gay marriage became law not because "the people" wanted it, not because legislatures voted to approve it, not because governors and other state executives signed off on it, but because a handful of Leftist, activist judges declared it so.

      Even on the Supreme Court today, the most activist, least likely to rule on written constitution or law principles, and make rulings out of thin air are Justices that are Progressive and on the Left like Sotomayor and Ginsburg.

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