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  • Judicial activism by conservatives

    06/26/2008 8:44:48 PM PDT · by Baron OBeef Dip · 82 replies · 246+ views
    The Los Angeles Times ^ | June 27, 2008 | Erwin Chemerinsky
    The Supreme Court's invalidation of the District of Columbia's handgun ban powerfully shows that the conservative rhetoric about judicial restraint is a lie. In striking down the law, Justice Antonin Scalia's majority opinion, joined by the court's four other most conservative justices, is quite activist in pursuing the conservative political agenda of protecting gun owners. If the terms "judicial activism" and "judicial restraint" have any meaning, it is that a court is activist when it is invalidating laws and overruling precedent, and restrained when deferring to popularly elected legislatures and following prior decisions. Never before had the Supreme Court found...