With the announcement of the retirement of Justice O'Conner, the battle for the Supreme Court is on. The Supreme Court and other courts have for some time been overstepping their bounds, creating new laws which is not their function.
The philosophy behind this is the idea that laws and the Constitution should 'evolve'. Well, our Constitution has a provision for evolving--- it's called the Amendment process and is in the hands of elected officials.
If judges can find in the Constitution new rights that are not there in the plain text and would have appalled the Constitution's framers, they could just as well take away those rights plainly granted. If our rights 'evolve', who is to say if we have any rights left?
Out of control Supreme Court justices decided in the Nancy Cruzan case that the ordinary homicide laws don't apply to people deliberately starving/dehydrating to death a profoundly disabled person. Shouldn't that have been a decision for elected representatives who are answerable to the voters? If they can take away a basic right--- the right not to be killed with impunity--- from one minority group, the disabled, who could be next?
Those who believe judicial activism is somehow 'liberal' and 'pro-freedom' are preparing for war at this second, we need to be prepared to fight back.
It doesn't matter if the next justice is personally a liberal or a conservative. What matters is that he or she has the right understanding of the role of the courts, and refuses to overstep those bounds.
supreme court
Terri Schiavo