Saturday, June 04, 2005

Scapegoat of the Year

Judges. Yes, judges.

Anytime things don't go your way, blame "activist" judges. They're interpreting the law as it currently stands? "Activist!" They're following binding precedent? "Activist!" They're ruling any way that is counter to your own personal interests? "Activist!"

I'm sick of this war that legislators, backed by the Executive branch, are waging on the judiciary. The latest salvo was launched by Virginia state Sen. Ken Cuccinelli. The Fourth Circuit--easily the most conservative and thus most predictable Court of Appeals, God bless 'em--overturned a Virginia law that would have banned partial-birth abor...oh, excuse me. Partial-birth "infanticide," according to the law. This law was in essence identical to the Nebraska law that the U.S. Supreme Court struck down a couple of years ago. So clearly the Fourth Circuit is hamstrung. That is to say, even if the individual judges don't believe that the law is unconstitutional (based on their personal interpretations of the Constitution), they are bound to follow Supreme Court precedent which is directly on point. Simple, right?

Not so for Ken Cuccinelli, who was apparently anticipating that the Fourth Circuit would give the A-OK to the law. His response:

"We've got a major problem and it's not with the legislature, it's with the courts," Cuccinelli said. "Because of these sorts of rulings . . . we get a bunch of judges that want to write their own policy into the Constitution."


I wonder what the ellipses was for. "Because of these sorts of rulings, which refuse to bow to the whims of evangelistic Republicans, we get a bunch of judges that want to write their own policy into the Constitution"?

Anyone else feel like venturing a guess?

4 Comments:

Blogger LibraryCrunch said...

oh, of course, and the judges are probably gay marriage liberals, too, in his opinion.

we are at war, and here in Georgia I feel like I'm on the front lines.

2:44 PM, June 04, 2005  
Blogger liz said...

Ugh, ugh, ugh. But on the other hand, yay to the court.

Everybody, get off your butts and vote in your State & Local elections. This November, Virginia's Governer, Lt. Governer, Attorney General and all Delegates are up for election. If you live in Dick Black's district (he's the one who sent plastic fetuses to his peers in the house) then get out and vote for Poisson, the Democrat who's running for his seat.

This has been a public service announcement.

9:42 PM, June 04, 2005  
Blogger Mieke said...

To keep from losing my mind, I keep thinking about the front page article in the NY Times and the LA Times that moderate evengelical Christians are starting to get pissed off that their belief system is getting hijacked by the wackos on the right. GRRRRRRRRRRRRRR.

9:59 PM, June 04, 2005  
Blogger Phantom Scribbler said...

[gnashing of teeth, rending of clothing]

On the other hand, at least your state is not being led by someone who believes that childless adults have no right to marriage...

10:37 PM, June 04, 2005  

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