Thursday, July 10, 2003

Conservatives on the Supreme Court are activists too!

Take that, Scalia and Thomas! Fascinating piece by Randy E. Barnett in the National Review Online . Kennedy's Libertarian Revolution. Lawrence vs. Texas is surely shaking things up!

Judicial conservatives move heaven and earth to excise these two provisions from the Constitution, because they think neither is definite enough to confine judges — a charge that is untrue if one relies on the original meaning of these provisions. But disregarding the text of the Constitution because it does not comport with your vision of the "rule of law" is as much judicial "activism" — if one must use this phrase — on the right, as it is when the Left discards the text because it does not meet their vision of "Justice." In either case, judges are substituting for the text something they prefer, which in this case is silence where the Constitution is in fact speaking quite eloquently.

Check out the entire piece.


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