Skip to comments.More Judicial Activism
Posted on 03/01/2005 10:10:54 AM PST by Richie Rich
The judicial activism continues: the Supreme Court voted 5-4 in a Missouri case to bar a penalty that had been legal in 19 states. Today's ruling reversed a 1989 Supreme Court decision that had allowed executions of 16- and 17- year-old killers.
"Juvenile offenders cannot with reliability be classified among the worst offenders,'' Justice Anthony M. Kennedy wrote for the court in Washington. He pointed to "the stark reality that the United States is the only country in the world that continues to give official sanction to the juvenile death penalty."
And all this time I thought the justices were supposed to interpret the U.S. constitution. In a dissent written for himself, Thomas and Rehnquist, Scalia wrote:
"Judges are ill-equipped to make the type of legislative judgments the court insists on making here."
Once again a few unelected, unaccountable lawyers of the
Judicial branch have overturned the will of the people
as expressed thru their elected representatives in
the Legislative branch. Kennedy even referred to foreign
legal precedents to justify perverting the U.S. Constitution into saying what it DOESN'T say in order to
justify a conclusion he WANTED to reach beforehand. All
of this accentuates the need for the Republicans to
change the Senate rules regarding filibusters. There are
only seven situations, according to the Constitution,
that require a super-majority -- and judicial confirmation
is NOT one of them. Thus, Bush's court nominees will
be (unconstitutionally) filibustered in order to get
more activist judges on the court which will be free to
render more unconstitutional decisions. A vicious cycle!
This is what Levin warns about in "Men in Black".
All conservatives who value our constitutional liberties
should stop at nothing to pressure wavering Republicans
(and many are starting to waver!) to change the Senate
rule that allows "advise and consent" to become obstructionism via the unconstitutional filibuster.
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