Friday, June 27, 2008

What is judicial activism?

No, it's not the answer to a Jeopardy question. Rather, when liberals ask you that question, when they try to pin down conservatives on what we mean when we condemn judicial activism, refer them back to the case the other day in which Supreme Court Justice Anthony Kennedy was the deciding vote in holding that the death penalty for rape is "cruel and unusual punishment."

Mona Charen on NRO explains further:

"Explaining why the statute violated the constitutional prohibition against “cruel and unusual” punishment, Justice Kennedy declared that, “Evolving standards of decency must embrace and express respect for the dignity of the person, and the punishment of criminals must conform to that rule.” Will someone please ask Justice Kennedy and his liberal fellows this question: If it’s all a matter of “evolving standards,” then why pretend to abide by a written document at all? And whose evolving standards?"

Read the whole thing.