Molly Ivins (Truthdig): The New Activist Judges

[Dudley_DUright]

Another bee-you-ti-ful example of the right-wing media getting it all wrong. Here they are having the nerve to mutter in public about “activist judges” because Judge Anna Diggs Taylor has pointed out that spying without a warrant is illegal in this country—so warrantless telephone tapping is illegal in this country.

Improbably enough, the first complaint of many of these soi-disant legal scholars is that Taylor’s decision is not well written. No judicial masterpiece, they sneer. Nevertheless, warrantless spying is illegal. Did it ever occur to these literary critics that Taylor has a lay-down hand? The National Security Agency program is flat unconstitutional, and for those who insist this means Osama bin Laden wins, it’s also ridiculously easy to fix so that it is constitutional.

Conservatives in this country have been yipping in chorus for years about “activist judges,” and frankly, like fools, many of you bought into the phony political rhetoric about those terrible jurists.

Somehow, activist judges are held responsible for gay marriage, Roe v. Wade and everything else Americans disagree about, as though Americans would never disagree without their encouragement. Conservatives have been mad at the Supreme Court since it decided to desegregate the schools in 1954 and seen fit to blame the federal bench for everything that has happened since then that they don’t like.

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http://www.truthdig.com/report/item/20060824_molly_ivins_activist_judges/