Tilted Forum Project Discussion Community - View Single Post - Where's this "liberal court" the Right says exists?

Ustwo · 06-07-2005, 07:08 AM

I think Scalia's argument basically boils down to the fact that since there is no reliable way to keep drugs grown legally in CA to cross state lines, therefore it falls under the concept of interstate commerce. (I will take his word on there already being a precedent to this) To be honest, I thought of this argument myself and while it is valid I don't like it. I can't really deny his logic though. Nor can I in any way fault him for not siding with the majority opinion.

The majority opinion I have more problem with as it gets more into motivation of doctors and people and basically what is best for them. While I think they are in fact correct in their assumptions (as did O'Conner) but its not up for a court do decide law based on what they think is best but only on the law itself. This is the cornerstone of judicial activism, and what I hate about our current judicial climate. This is the crux of 'liberal' judges that we conservatives bitch about. I would equally bitch about a 'conservative' activist judge but they seem in shorter supply.

06-07-2005, 07:08 AM	#16 (permalink)
Ustwo Pissing in the cornflakes	I think Scalia's argument basically boils down to the fact that since there is no reliable way to keep drugs grown legally in CA to cross state lines, therefore it falls under the concept of interstate commerce. (I will take his word on there already being a precedent to this) To be honest, I thought of this argument myself and while it is valid I don't like it. I can't really deny his logic though. Nor can I in any way fault him for not siding with the majority opinion. The majority opinion I have more problem with as it gets more into motivation of doctors and people and basically what is best for them. While I think they are in fact correct in their assumptions (as did O'Conner) but its not up for a court do decide law based on what they think is best but only on the law itself. This is the cornerstone of judicial activism, and what I hate about our current judicial climate. This is the crux of 'liberal' judges that we conservatives bitch about. I would equally bitch about a 'conservative' activist judge but they seem in shorter supply. __________________ Agents of the enemies who hold office in our own government, who attempt to eliminate our "freedoms" and our "right to know" are posting among us, I fear.....on this very forum. - host Obama - Know a Man by the friends he keeps.