Comments on: Defending Judicial Activism http://poligazette.com/2008/05/19/defending-judicial-activism/ Politics and world events from a moderately liberal and conservative perspective Mon, 06 Oct 2008 16:52:05 +0000 http://wordpress.org/?v=2.3.2 By: federalist papers http://poligazette.com/2008/05/19/defending-judicial-activism/#comment-57418 federalist papers Wed, 11 Jun 2008 17:01:46 +0000 http://poligazette.com/2008/05/19/defending-judicial-activism/#comment-57418 [...] [...] […] […]

]]> By: Jason http://poligazette.com/2008/05/19/defending-judicial-activism/#comment-51102 Jason Mon, 19 May 2008 13:48:59 +0000 http://poligazette.com/2008/05/19/defending-judicial-activism/#comment-51102 Holy cow! A civil debate! Between bloggers! I feel faint. Holy cow! A civil debate! Between bloggers!

I feel faint.

]]> By: Mark http://poligazette.com/2008/05/19/defending-judicial-activism/#comment-51100 Mark Mon, 19 May 2008 13:39:16 +0000 http://poligazette.com/2008/05/19/defending-judicial-activism/#comment-51100 I think your criticism of my post is quite fair, and I thank you for the analysis.  I just want to point out a few things - I understand how my point about executive power could be perceived as a gratuitous potshot at Bush, and I probably could have worded it better.  But what I was referring to was the tendency of (many) conservatives to be perfectly accepting of things like the federal government's interference with medical marijuana and doctor-assisted suicide laws on a local level.  Twenty years ago, actions like that would have, I think, been anathema to any conception of conservatism. Your point about busing is well-taken, though, and I would agree that is an example of "bad" judicial activism where the courts were in fact "making" law rather than just overturning it or ruling on its constitutionality. Also, I will acknowledge that the title of my post was a bit more broad than it should have been.  There are certainly classically conservative arguments to be made against the decision, and there are some who have made them.  Also, not all conservatives are in a tizzy about this decision, which I should have emphasized more in the post rather than just alluding to it with my praise of Allahpundit. I think your criticism of my post is quite fair, and I thank you for the analysis. 
I just want to point out a few things - I understand how my point about executive power could be perceived as a gratuitous potshot at Bush, and I probably could have worded it better.  But what I was referring to was the tendency of (many) conservatives to be perfectly accepting of things like the federal government’s interference with medical marijuana and doctor-assisted suicide laws on a local level.  Twenty years ago, actions like that would have, I think, been anathema to any conception of conservatism.

Your point about busing is well-taken, though, and I would agree that is an example of "bad" judicial activism where the courts were in fact "making" law rather than just overturning it or ruling on its constitutionality.

Also, I will acknowledge that the title of my post was a bit more broad than it should have been.  There are certainly classically conservative arguments to be made against the decision, and there are some who have made them.  Also, not all conservatives are in a tizzy about this decision, which I should have emphasized more in the post rather than just alluding to it with my praise of Allahpundit.

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