As a longtime Democrat who tends increasingly to look alienatedly at stock Democrat positions and rhetoric that abound these days and wonder who is out of step, them or me, I need to say at least the following. (Interlude: Does Rep. Nancy Pelosi strike any other Democrat than myself as having all the subtlety and nuance of a rhinoceros?)
When people recently warned, and fussed, and fumed about how the Supreme Court’s rightward wing shouldn’t engage in judicial activism, etc., as if it would be going well out of its bounds to decide on—could it really?—the constitutionality of the Affordable Care Act, the conservatives on the Court historically were never the only ones susceptible to be criticized for this. The leftward wing on the Earl Warren court was criticized for “activism” by conservatives for years.
Besides, guess which currently serving U.S. Supreme Court justice stated in a recent book that the Court does indeed have the right, indeed the responsibility, to overturn a federal law if it is found to be unconstitutional? Some conservative troglodyte like Antonin Scalia or Clarence Thomas? Some relatively more centrist type like Chief Justice Roberts?
No…a liberal justice on the Court, appointed by President Clinton….
“[Part I of this book] describes how the [Supreme] Court was given the power to interpret the [U.S.] Constitution authoritatively, striking down congressional statutes that it finds in conflict with the Constitution.” [boldface mine]
