A Spurious Accusation of Judicial Activism

Morning's Minion over at Vox Nova believes that a Virginia judge’s decision to strike down one provision, the primary provision which forces all consumers to buy a product is judicial activism. If the judge in the case had thrown out the entire health care law and not just one provision he would have been correct but Morning's Minion is wrong.  I will ask Morning's Minion one question: Where in the Constitution does it give the Federal government the authority or the right to force a citizen to buy a commodity?

  Morning's Minion claims that the Supreme Court case Bush v. Gore was judicial activism when the truth is to the contrary.  Gore and his political team participated in political chicanery when they tried to force the vote counters to participate in some form of mental telepathy to figure out the impossible - a voter’s intent on a hanging chad and insure his victory.  Gore kept on losing, coming in second in districts, and he is the one who was the obstructionist and avoiding the reality that he had lost the presidential election.  But, after Gore gave his concession speech, changed his mind, he was in fact the person who initiated the courts into the mix and advocated for judicial activism.  If it wasn’t for Gore avoiding reality the courts would have never been involved in the first place.  George Will points out that the “U.S. high court reminded Florida's court to respect the real "states' rights" at issue - the rights of state legislatures: The Constitution gives them plenary power to establish procedures for presidential elections. Florida's Supreme Court felt emancipated from law.”


In fact Gore requested that the number of days to recount ballots be extended and the Supreme Court ended up rewriting the law to extend the deadline for certification and the court stated: "The will of the people, not a hyper-technical reliance upon statutory provisions, should be our guiding principle." But under representative government, the will of the people is expressed in statutes. Adherence to statutes - even adherence stigmatized as "hyper-technical" - is known as the rule of law.


“In the end, seven of the nine U.S. Supreme Court justices (and three of the seven Florida justices) agreed on this: The standardless recount ordered by the Florida court - different rules in different counties regarding different kinds of chads and different ways of discerning voter intent - violated the U.S. Constitution's guarantee of equal protection of the laws.”

Circumventing the Constitution and rule of law in the United States -- as with the immigration debate the religious Left has proven that they disregard the rule of law.

Barbara Boxer Sanctions Infanticide

Barbara Boxer is up in arms over the fact that she is being held accountable for her own words - George Will was holding her to her own words. She claims that her words were used out of context, but as you will see below, her words were used in context.

In the 1999 colloquy, Sen. Rick Santorum (R-Pa.) said: Suppose during this procedure the baby slips entirely from the mother’s birth canal. “You agree, once a child is born, is separated from the mother, that that child is protected by the Constitution and cannot be killed? Do you agree with that?” Boxer: “I think when you bring your baby home, when your baby is born … the baby belongs to your family and has all the rights.” Santorum persisted: “Obviously, you don’t mean they have to take the baby out of the hospital for it to be protected by the Constitution. Once the baby is separated from the mother, you would agree—completely separated from the mother—you would agree that the baby is entitled to constitutional protection?” She would not say “yes.” Instead, she said, understandably: “I don’t want to engage in this.”

This is horrifying and abominable!!!  This is so immoral. Life begins at conception. Every innocent human unborn child deserves the right to "life, liberty, and the pursuit of happiness." Every human life is precious and deserves to be treated with dignity.  Abortion is murder.  We must continue to work to overturn Roe v. Wade.  I really hope that Boxer is booted out of office in November.

H/T NewsRealBlog