SO WHO ARE THE ACTIVISTS?

[No Exit]

So Who Are the Activists?

By PAUL GEWIRTZ and CHAD GOLDER

Published: July 6, 2005

New Haven

WHEN Democrats or Republicans seek to criticize judges or judicial nominees, they often resort to the same language. They say that the judge is "activist." But the word "activist" is rarely defined. Often it simply means that the judge makes decisions with which the critic disagrees.


In order to move beyond this labeling game, we've identified one reasonably objective and quantifiable measure of a judge's activism, and we've used it to assess the records of the justices on the current Supreme Court.

(snip)

We found that justices vary widely in their inclination to strike down Congressional laws. Justice Clarence Thomas, appointed by President George H. W. Bush, was the most inclined, voting to invalidate 65.63 percent of those laws; Justice Stephen Breyer, appointed by President Bill Clinton, was the least, voting to invalidate 28.13 percent. The tally for all the justices appears below.
Thomas 65.63 %
Kennedy 64.06 %
Scalia 56.25 %
Rehnquist 46.88 %
O’Connor 46.77 %
Souter 42.19 %
Stevens 39.34 %
Ginsburg 39.06 %
Breyer 28.13 %

One conclusion our data suggests is that those justices often considered more "liberal" - Justices Breyer, Ruth Bader Ginsburg, David Souter and John Paul Stevens - vote least frequently to overturn Congressional statutes, while those often labeled "conservative" vote more frequently to do so. At least by this measure (others are possible, of course), the latter group is the most activist.

(snip)

http://www.nytimes.com/2005/07/06/opinion/06gewirtz.html?ex=1278302400&en=0e5fac7774080327&ei=5090&partner=rssuserland&emc=rss

Freeptards are constantly bitching about what they call "activist judges". Well, it looks like their own favorites ARE the "activist judges".

[annabanana]

1. This is standard MO for these guys...

accuse the opposition of doing exactly what you either have just done, or are about to do.. That way, your objections just look like "tit-for-tat" complaining...

I wish the rest of the country would cop onto this tactic...I'm getting tired.

[brainshrub]

2. Didn't a DUer figure this out a few months ago?

I think it even make the front page.

[electropop]

3. Great meme: "Republican Activist Judges."

Let 'em see we are paying attention.

[dennisnyc]

4. i think "activist" for them is any judge not willing to strike down the

New Deal legislation/programs that have been confirmed by the SCOTUS throughout the 20th C.