Best example of a definition of Lib judicial activism I've seen so far
Betsy's Page has a great line as she blogs about a Stuart Taylor piece:
He once again debunks the myths that have grown up around the Lily Ledbetter case. Plus that was a case that proved that you didn't need judges with empathy. The Supreme Court applied the law as written. Congressmen didn't like the result and they changed the law. That is all that judicial conservatives are advocating - put the decision-making in the branches of government that are responsive to the electorate and which are given that responsibility by our Constitution.
If that is what judges did, conservatives would not complain. Here's the case, apply the standard of the law, rule the case to the law.
Don't like the outcome? Change the law. Until then, obey the law.
Empathy should not be a trait that judges of the law and umpires use at the upper end of sports.
Yes, as a "Swim team Dad" who ran youth meets, I and others would judge 8 & unders differently than we would the high school athletes. That said, I also disqualified those same younger swimmers and teams when it became real obvious that the rules were broken (and yes, I did DQ both my sons when it was warranted - it made for a VERY long ride with The Most Esteemed Wife and offspring afterwards).
That said, look at the anger vented towards sports umpires / referees when the teams and crowds get the impression that the rules are being set aside and a team or athlete is being favored "just because" (re: pro sports, Olympics).
The law should not be different - the Constitution lays out the rules and roles - it should be followed. Judges should be concerned with the outcome only to the point that the law has either followed or not.
