judicial activist
democratic senator russ feingold of wisconsin was quoted as saying, “at this point, perhaps we should all accept that the best definition of a judicial activist is a judge who decides a case in a way you don’t like.”
feingold’s remarks come in response to the wave of republican accusations that judge sonya sotomayor, who is appearing before supreme court confirmation hearings as i write this, is impartial and allows subjectivity to be brought into the court room, due to her affiliations with political groups and comments she has made in the past.
johnny: gosh, that woman is such a judicial activist jamie!
jamie: yeah, but federal judges from both sides of the political spectrum can attest to her impartiality and fair rulings.
johnny: yeah, so!
a judge who fails to implement the legislator’s meaning of a language term in a u.s. federal law.
how to spot a judicial activist? in a court issued opinion, look at the source of the evidence that the judge uses to give meaning to a language term in a federal statute. if the source of the evidence is (i) dictionary definitions, (ii) a previous court opinion written by a judicial activist, (iii) the writings of legal scholars, or (iv) the judges personal beliefs, then you have just found an example of a judicial activist. however, if the source of the evidence is the u.s. congressional record and the evidence is properly considered based on timing, weight, and order of -n-lysis, then that judge will have implemented the legislator’s meaning of a language term in a law per article i, section 8, clause 18 of the u.s. const-tution (the ‘congress’ power to make all laws’ clause) and is not considered a judicial activist.
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