Wednesday, March 4, 2009

Real Activisim

I found this at the end of an article regarding gay marriage from the O.C. Register:

"Activist judges

"I long have thought that 'activism' is just a label that people use for the decisions that they don't like," Chemerinsky said.

Last year, for instance, the U.S. Supreme Court ruled in the case of Heller v. District of Columbia that Washington's ban on handguns was unconstitutional. It's an intervention with parallels to the California court overturning Prop. 22, said Vitiello, but with a much different constituency.

"If you're opposed to the gay marriage ruling, are you opposed to Heller," in which the gun ban was lifted? Vietiello asked."

This is a fraudulent argument. The majority ruling in Heller v. District of Columbia was based on something called the CONSTITUTION! Activist decisions are where judges read in to the law a underlining penumbra of rights, aka their imagination.