Judicial Activism

Posted at 1:18pm on May 15, 2008 California Supreme Court Legalizes Gay Marriage

By Robert A. Hahn

The California Supreme Court overturned a ban on gay marriage Thursday, paving the way for California to become the second state where gay and lesbian residents can marry.

CBS 5

UPDATE (Dan McLaughlin): Howard Bashman has the breakdown of the 4-3 decision, which apparently rests on state constitutional grounds and thus can't be appealed to the U.S. Supreme Court, here along with links to the 172-page opinion.

Comments are open.

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Posted at 11:49am on May 9, 2008 Obama on judges

Protecting the Powerless?

By Feddie

Here is Senator Obama describing what he will look for in a judge if elected president:

[W]hat I do want is a judge who is sympathetic enough to those who are on the outside, those who are vulnerable, those who are powerless, those who can't have access to political power and as a consequence can't protect themselves from being being dealt with sometimes unfairly, that the courts become a refuge for justice. That's been its historic role. That was its role in Brown v Board of Education.

Except for unborn babies, of course.

Those, you can kill with impunity (even after they're born).

UPDATE (Dan McLaughlin): San Diego Union-Tribune cartoonist Steve Breen made this same point with a cartoon worth a thousand words during the Alito hearings:

Cartoon below the fold...

Posted in | | | Comments (47)/ Email this page » / Read More »

Posted at 10:36pm on Apr. 5, 2008 "How Progressives Rewrote The Constitution"

By Pejman Yousefzadeh

As explained by Richard Epstein. A very good and very informative broadcast that is well worth a listen. Note Epstein's statements that Republicans have generally gone along with the rewriting of the Constitution and that a supposedly "conservative" Supreme Court has all too often acceded in the rewriting as well. Something to remember--and something for classical liberals to combat as well.

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