Comments on: Every judge is an “activist judge”

By: cearta.ie » Judicial Activism

cearta.ie » Judicial Activism — Sat, 03 Oct 2009 07:56:37 +0000

[...] interesting evening. The label “judicial activism” is often used loosely, sometimes to describe the judicial process, sometimes to castigate judges as failing to confine themselves to reasonable [...]

By: Allison Kilkenny - Unreported - U.S. district judge reject leads Sotomayor opposition - True/Slant

Tue, 14 Jul 2009 16:21:48 +0000

[...] Sessions, the Alabama Senator who led the charge against Sonia Sotomayor’s confirmation yesterday, continued his assault against Sotomayor [...]

By: Allison Kilkenny

Allison Kilkenny — Tue, 14 Jul 2009 00:16:40 +0000

I love that you asked that to Scalia, and boy, is this ever the truth:

I’d like to come at him again post Bush v. Gore though.

If ever there was an activist moment!

By: Allison Kilkenny

Allison Kilkenny — Mon, 13 Jul 2009 23:05:05 +0000

Yes, a remarkably stupid statement.

By: Allison Kilkenny

Allison Kilkenny — Mon, 13 Jul 2009 23:03:55 +0000

Very poignant.

By: Elie Mystal

Elie Mystal — Mon, 13 Jul 2009 22:56:48 +0000

You can even say that the Court’s right to interpret the Constitutionality of acts of Congress is an “activist” interpretation that wouldn’t stand up to a strict constructionist view of the Constitution. When Justice Marshall asserted the Court’s province over these matters in Marbury v. Madison, it was a hugely controversial decision. There’s nothing in Article 3 on its face that asserts that the Court has authority to declare Congressional acts or executive orders unconstitutional.

But … I actually had the opportunity to raise this very point to Justice Scalia when I was a freshman in college. He’s a pretty smart guy and he took my argument, wrapped it up into a ball, and shoved it back up in me in a most uncomfortable fashion. I don’t remember the full beating, but it involved the difference between “interpreting” law and “making” law.

I’d like to come at him again post Bush v. Gore though.

By: libtree09

libtree09 — Mon, 13 Jul 2009 21:59:31 +0000

Humm…still trying to get my head around Sessions comment, “Call it empathy, call it prejudice, but whatever it is, it is not law.”
This from a guy who was refused an appellate judgeship because he saw nothing wrong with the KKK ‘cept some of them smoke marijuana.

By: Brian In NYC

Brian In NYC — Mon, 13 Jul 2009 21:56:31 +0000

Allison here are Sen. Whitehouse’s remarks:

(http://www.youtube.com/watch?v=eRZmmx7bUQ8)

By: Allison Kilkenny

Allison Kilkenny — Mon, 13 Jul 2009 21:50:57 +0000

Yes, I think you’re right. He’ll probably want to be “taken seriously,” which unfortunately entails having no personality or sense of humor.

By: Brian In NYC

Brian In NYC — Mon, 13 Jul 2009 21:45:19 +0000

I think he’ll be keeping it under wraps for awhile. Sad for us!