Sotomayor nomination

[TheMercenary]

Originally Posted by Happy Monkey

But the end result is that judges, usually at the Appellate level, are making policy. As part of their normal, official, and non-"activist" duties. They tell the legislature "Thou shalt not make such a law", and they tell the executive "Thou shalt not enforce such a law", or "Thou art enforcing that law incorrectly". Ideally, they wouldn't make policy, but it is their job to do so because things are not ideal.

You make a good point. Hence there is no way to control when they are actually making policy as activist judges, all the time trying to convince everyone around them that it is nothing more than non-"activist" duties, when in fact they are filled with bias. If this were not the case we, along with millions of others, would never even be discussing the issue.

[Happy Monkey]

Originally Posted by TheMercenary

If this were not the case we, along with millions of others, would never even be discussing the issue.

Yes we would. Political controversies don't need any factual basis to get millions of people talking about them. Just look at people calling Sotomayor a racist for saying something virtually identical to something Alito said during his hearing.

[TheMercenary]

Originally Posted by Happy Monkey

Yes we would. Political controversies don't need any factual basis to get millions of people talking about them. Just look at people calling Sotomayor a racist for saying something virtually identical to something Alito said during his hearing.

Noted. But I believe that judical activism is real in both extremes. And I don't support it in either.