Monday, March 28, 2005

When is judicial activism good?

The case of Terri Schiavo is one of great sadness for all parties involved, and the focus it has received is regrettable. That said, it has reinforced one bit of Irony from the right.

Judicial Activism is evil, unless you want the ruling to be made in your favor.

Her case is a classic example of the rule of law, and judicial precedence being upheld. Constitutional principals were questioned, reviewed, and left unchanged. And, according to her family's spokespersons, all wrong.

They are demanding that the courts make new law in this case. Exactly the type of behavior they denounce with so much venom. I would love to hear some of those who have spoken out on this case and on the issue about the need to restrain judges, justify their two positions.

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