Comment by downWidOutaFite
1 year ago
They have been hunting for cases to pursue their political agenda. It's probably the most activist court we've ever had. What is your definition of activist?
1 year ago
They have been hunting for cases to pursue their political agenda. It's probably the most activist court we've ever had. What is your definition of activist?
Your comment illustrates the problem. Do you think that everyone agrees that "activist" means "hunting for cases"? What does "hunting for cases" actually mean?
The term "activist" is often interpreted as "legislating from the bench" where the judiciary usurps the role of the legislature. Some people actually want that. Other people don't want that.
Refusing to solve a problem and instead requiring Congress to clarify the law is another judicial philosophy. Is that being an activist?
Deciding that the federal government has no authority and that state authority or individual rights are more paramount is also a course of action that some people agree with and some people don't. Supporters probably don't call that "activism" but detractors might.
So I think the term is mainly used to slur your political opponent as opposed to being a succinct term for some particular judicial philosophy.
Their politics comes first the "judicial philosophy" is fake and is bent to fit the political outcome they want.
This is just stating an opinion that you disagree with the philosophy. Do you think leftist judges also don't have a philosophy but just aim for outcomes?
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