Activist Supreme Courts are not new. The Dred Scott decision in 1856, imposing slavery in free territories; the Plessy decision in 1896, imposing segregation on a private railroad company; the Korematsu decision in 1944, upholding Franklin Roosevelt’s internment of American citizens, mostly Japanese Americans; and the Roe decision in 1973, imposing abortion on the entire nation; are examples of the consequences of activist Courts and justices.
Today, no less than five Supreme Court justices are on record, either through their opinions or speeches (or both), that they will consult foreign law and foreign-court rulings for guidance in certain circumstances. Of course, policymakers are free to consult whatever they want, but not justices. They're limited to the Constitution and the law.
Judicial activists are nothing short of radicals in robes--contemptuous of the rule of law, subverting the Constitution at will, and using their public trust to impose their policy preferences on society. In fact, no radical political movement has been more effective in undermining our system of government than the judiciary. And with each Supreme Court term, we hold our collective breath hoping the justices will do no further damage, knowing full well they will disappoint. Such is the nature of judicial tyranny.
To be true to its constitutional role, the Supreme Court should refuse to be drawn into making public policy, and it should strike down legislation only when a clear constitutional violation exists. When judicial activists resort to various inventions and theories to impose their personal views on privacy and liberty, they jeopardize the legitimacy of the judiciary as an institution and undermine the role of the other branches of government.
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