Sunday, July 15, 2007

Supremes move right

Here's a link to the piece I did for the Register's Sunday Commentary section on the Supreme Couyrt term just ended. Long story short: With Sam Alito replacing Sandra Day O'Connor the court has moved modestly -- not dramatically as some would contend -- to the right as these things are understood in judiciary-land. It's not so much whether it's activist. I didn't have an opportunity to explicate my own way of looking at matters, learned from the late Bernard Siegan, author of "Economic Liberties and the Constitution." The court should be faithful to the constitution and invalidate those laws that go beyond it and leave alone those that don't. That's not activism, that's its job. From that perspective both "liberals" and "conservatives" on the court are inconsistent, voting more like politiciasn than judges.

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