[Fwd: judicial activism]

[Mark Graber]

The "judicial activist" label has a particular political bite when
applied to Bush/Reagan Justices.  Democrats tend to run with the
explicit promise to appoint justices who will maintain ROE and it is
pretty clear that they will appoint justices who will get rid of BOWERS.
 By comparison, the Bush/Reagan are not nearly as public about
appointing justices who will overrule the New Deal, or even declare VAWA
unconstitutional.  The use of judicial activism, in my judgment, is more
an effort to expose hypocrisy (as Wasby points out), then to deny the
legitimacy of judicial activism.  The right, in my judgement, has the
same right to use the judiciary to advance their constitutional visions
as the left.  But my sense, particularly after reading Powe's book on
the Warren Court, is that Bush and Company are far less willing to
associate themselves with the activism of the Rehnquist Court than LBJ
was with the activism of the Warren Court.  I'd be quite happy to have
Republicans run on David Bernstein's platform (as he would no doubt be
thrilled if any Democrat ever took any of my political advice!).

Mark A. Graber
mgraber at gvpt.umd.edu