Monday, July 13, 2009

Sotomayor Hearings Day One: Feingold on Judicial Activism

"That is why I suggest to everyone watching today that they be a little wary of a phrase they're hearing at this hearing, "judicial activism." That term really seems to have lost all usefulness, particularly since so many rulings of the conservative majority on the Supreme Court can fairly be described as activist in their disregard for precedent and their willingness to ignore or override the intent of Congress.

At this point, perhaps we should all accept that the best definition of a judicial activist is a judge who decides a case in a way you don't like. Each of the decisions I mentioned earlier was undoubtedly criticized by someone at the time it was issued and, maybe even today, as being judicial activism. Yet some of them are, of course, as the judge well knows, among the most revered Supreme Court decisions in modern times."

Senator Russ Feingold in his opening statement.

Nothing to add here.

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