"The house we hope to build is not for my generation but for yours. It is your future that matters. And I hope that when you are my age, you will be able to say as I have been able to say: We lived in freedom. We lived lives that were a statement, not an apology."


Thursday, February 10, 2011

The Meaninglessness of ‘Judicial Activism’

Adjectives used pejoratively in the political lexicon tend to lose their original meaning the longer their currency is. After awhile they transform from something specific you disagree with to anything and anyone you disagree with or view negatively. Such became the case with "fascist", "neoconservative" and (liberals would argue) "socialist."

Such has now also become the case with "judicial activist." Used originally by conservatives to pejoratively describe the Warren Court and what they alleged to be its departures from the traditional (and constitutional) role of the judiciary, the moniker has now evolved into the designation both spectral sides employ on judicial acts they do not agree with.

To wit, the ink had barely dried on Judge Vinson's decision invalidating the entirety of last year's health-care reform as unconstitutional before the Obama Administration lashed out at it as a clear case of "judicial activism."

The term has now graduated into the pantheon of its aforementioned predecessors, which is to say it has floated into the realm of utter meaninglessness. No longer applied to a specific type of judicial behavior, and instead used to describe quite disparate ones by disparate sides, to say that an act of the third branch is an example of "judicial activism" is now to say no more than that you disagree with said act.

No comments:

Post a Comment