Jul 1, 2011

Activist Judge Sighting. The Prequel: Roe v Wade Redux

Recently I pounced on the judicial activism ingrained in the Sixth Circuit U.S. Court of Appeals. So I decided to investigate how far back did this rot set in. It took me back all the way to 1973.

Yup, to the landmark case that has become the precedent for all cases related to abortion. Now, I have it on good authority (a friend of mine is a Constitutional Law scholar at Columbia) that the basis of the ruling was on the 'Right to Privacy' ostensibly found (not really) in the due process clause.

One problem. There is no such right in the Constitution.

I was incredulous at first, but when I scoured through the text, I realized that my friend was right.  I am pro-choice, and while that is irrelevant to a post about judicial activism, I decided to check out the judicial activists in that case.

Byron R. White. Appointed by JFK.   Voted NAY
Harry Blackmun. Appointed by Tricky Dick.  Voted YEA
William J. Brennan. Appointed by Ike (approved by McCarthy).  Voted YEA
Warren Burger. Appointed by Tricky Dick. Voted YEA
William O. Douglas. Appointed by FDR. Voted YEA
Thurgood Marshall. Appointed by LBJ.  Voted YEA
Lewis Powell Jr. Appointed by Tricky Dick (begged him to). Voted YEA
William H. Rehnquist. Appointed by Tricky Dick. Voted NAY
Potter Stewart. Appointed by Ike. Voted YEA

So, let's add 'em up, and blame the responsible Presidents.

Two dissented. One nominated by a Democrat, one by a Republican.

Seven formed the majority. Five nominated by Republicans, two by Democrats.

A two part question:
  1. Who are the judicial activists in the list above?
  2. Which party bears the responsibility for their Presidents nominating the activists?
The next time you get into a rousing debate over taxpayer-funded impulse abortions being performed at Pep Boys, be sure to pose the question. Warning: Author not responsible for dirty looks, curses, epithets, or any irrational rationalizations that are hurled at you.

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