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Agenda Judges

Last Tuesday was Election Day and I spent the entire day at the polls as Minority Election Inspector. Toward the end of the day after the polls had closed, I got into a short conversation with a Republican poll watcher who was hanging out waiting for the results. The topic was on the role of Judges and she got schooled.

This woman had commented about “judicial activism” by stating something along the lines that “Republicans need to stop judges from overturning the will of the people.” She kind of mumbled it and didn’t expect to be challenged on it. But I couldn’t resist.

I told her that it was the job of judges to strike down unconstitutional laws. The people can’t for example make a law that says that only blue eyed people can vote. She agreed and then I said that gay marriage is the same thing. That shut her up.

The thing is that the Right Wing has coined the phrase “Judicial Activist” and the real issue is “Agenda Judges.” We have judges on the Supreme Court now that don’t need to even hear a case before they have already decided that it doesn’t fit their agenda. They don’t need to look at previous case law, the Constitution, or how the law will affect actual people. Instead, laws are now decided either by the Justice’s religious beliefs or their corporate agenda.

A few weeks ago, I had the privilege of hearing Michael Newdow discuss some of the Church/State cases he had been and will be involved in. He talked about how even though some of the Supreme Court Justices understood that certain things were violations of the Constitutional principle of Separation of Church and State, they still upheld that agenda because it would affect their own religious sensibilities.

I guess my point today is that we ought to start labeling these judges as Agenda Judges in much the same way that the Right Wing labels judges that do their job as “Activist Judges.”

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  • Bill

    This is the same way that people continue to insist that Republicans favor “smaller” government and Democrats favor “big” government. This is demonstrably not true, they both favor “big” government. R’s never met a military program they don’t like, etc. and D’s like big social programs. It is merely a difference of which type of big government they prefer.

    Or to put it more bluntly on the subject of this article, an “activist judge” is one who rules against you!

    Keep up the good work!

  • http://www.socialinjustices.net david

    That would be nice and might as well do it, the problem is that these cliches’ and catchy phrases work with conservative followers because a large portion of them aren’t very well educated and they have an easier time retaining these short biased messages. That’s why like at the tea party rally the attendees uttered these catchy phrases, but when questioned on their substance they could only regurgitate the message without explanation. Harder to do with those that are already familiar with the content of the message, and why conservative followers are much easier to recruit. Deception is a viable option with this group, and why education, particularly critical thought is grossly underfunded in this country.