George Will: What conservatives truly want are activist judges.

[imurhuckleberry]

April 11, 2010

Today, Sen. Jeff Sessions (R-AL) urged Obama not to select “someone that is so activist,” while Sen. Lamar Alexander (R-TN) said that Republicans could filibuster “if the president picks someone from the fringe or somone who applies their feelings instead of applying the law.” On ABC’s This Week, conservative columnist George Will criticized conservatives for saying that they want judges who will strictly follow the law while simultaneously cheering decisions that overturn the work of elected officials:

"There’s another test, and it’s wielded by my conservatives, and I think it’s mistaken. And that is, they say they’re against judicial activism. By which they mean they want the court to defer to the elected political branches of government. But if you look at what’s happened recently, the decision that most outraged conservatives was the Kelo decision on eminent domain. … The court did defer to the city government in Connecticut and it enraged conservatives. The recent decision that most pleased conservatives — Citizens United, overturning part of McCain-Feingold — was the court not deferring to the Senate."

http://thinkprogress.org/2010/04/11/will-activist-judges/

[elleng]

1. VERY GOOD POINT,

and confirms what I just wrote re: another OP: they don't know anything or much about the constitution, AND IT IS NOT A SIMPLE THING TO UNDERSTAND!

Haven't read Will in ages. THIS is an example of an opportunity to be flamed around here, by saying, Hey, you know, George Will was correct recently!

[geckosfeet]

2. Broken clock. Twice a day. Good for the goose, good for the gander.

Ruling with a conservative backwards looking regressive pro-corporation agenda is NOT a good thing for the country.

[DCKit]

3. I thought Will was actually very moderate today - under the "old" definition.

You know, using an understanding of the subject, logic and debate instead of "Well, Rush says...."

And watching Charles Krauthammer get smacked down (on another show) for running his mouth on (R) talking points without any facts or figures to back up his oral diarrhea was very satisfying. For once, they didn't let him slide.

[elleng]

6. I didn't (and DON:T) watch ANY of those shows anymore.

I guess its too bad, cause I don't get to see any of them on their 'good' days. I am such an independent character that it bothers me a lot when people don't LISTEN. Will used to be 'smart,' I think Juan W IS, and it bothered me a lot when he went to fox and became smothered by wallace etc.

and I LOVE your 'old' definition: understand, logic, debate. Its what I do (and it kills me when DUers adopt the 'new' diarrhea tactic.)

[Dr Morbius]

14. I am a fan of George F. Will.

I don't agree with him most of the time. Half the time I see him on the TV, I'm yelling at him. But as conservatives go, he's extremely rational: he is logical, he's consistent, he defends his positions, and he doesn't excuse stupidity when he sees it from the GOP. In many ways, he's my favorite conservative.

There's no pundit or political figure on either side with whom I'd rather converse. Mostly this because such a conversation wouldn't be as interesting if it was with someone with whom I agree, but partly it's because there's no one on the right for whom I hold a greater respect. Even if he is wrong most of the time!

[elleng]

15. Its a pleasure to see such a fine explanation

of an 'otherwise' contrary opinion here on DU, Dr.

Its been a very long time since I've subjected myself to any of the venues where the 'others' frequently appear.

I'll say, in addition, this about Will: He's a baseball fan, and he's got a son with a 'handicap.' forget exactly which, but I did see them in what used to be my neighborhood diner (in DC; I've moved to MD since.) He is human.

[paulsby]

4. conservatives and liberals both seek activist judges in general

just activist on THEIR pet issues.

it's yet another example of how both sides of the spectrum see themselves as so different, when in reality it's all the same

[elleng]

8. You're right, and we ALL should recognise it.

Difficult to expect everyone to be 'thoughtful,' tho, I guess.

[paulsby]

9. and scalia, for example, was the biggest hypocrite

on the medical mj issue

he CLAIMS to be so "federalist" and state's rights and not activist, but i am sorry that was one of the worst scotus decisions EVAH!

essentially he (and the others) said that a guy growing mj in his own home pursuant to a script written by a medical mj clinic in cali was prosecutable by the feds because under the COMMERCE CLAUSE they have jurisdiction

how does somebody growing mj for their personal use in their own home run afoul of INTERSTATE COMMERCE?

seriously.

the argument was convoluted and tried to say that since conventional pharm's run across state lines, and he was using mj in lieu of same, that this affected interstate commerce

it was RI-DI-CU-LOUS

one can be 100% against medical mj, and still realize that it's CLEARLY *none* of the federal govt.'s business, as long as it doesn't cross state lines

[elleng]

10. Breadth of commerce clause has grown exponentially

over the years, and not unreasonably imo. (NOT necessarily in MJ case, but just as a matter of fact.)

I'm reluctant to call 'hypocrit' when it comes to such changing times, tho I don't appreciate his 'original intent' approach, generally.

[paulsby]

12. imo, it has definitely expanded VERY unreasonably

scalia is an example of a hypocrite in this regards, but there is PLENTY of blame to go around.

federal police powers have vastly expanded, and all other sorts of powers.

[Abq_Sarah]

5. The Kelo decision pissed off a lot of people

Not just conservatives.

[elleng]

7. Not at all; a lot.

It did appear to take too many steps where none should (or need to) tread.

[Catshrink]

11. Uh-oh. That's twice in one week I've agreed with George Will.

I'm skeered.

[Grand Taurean]

13. Both sides seek judges who will

lean towards their side. The difference is the right wing LIES about this.