Invalidating a law that prohibits killing unborn children on the preposterous grounds that the Constitution contains an extra-double-secret right to abortion no one had noticed for 200 years – that's judicial activism. When conservative judges strike down laws, it's because of what's in the Constitution. When liberal judges strike down laws (or impose new laws, such as tax increases), it's because of what's in The New York Times.
The left's redefinition of judicial activism to mean something it's not allows liberals to claim they oppose judicial activism and to launch spirited denunciations of conservative judges as the real "judicial activists." This is the Democrats' new approach to winning arguments: Change the definition of words in mid-argument without telling the guy you're arguing with. Chairman Mao would approve.
Thus, The New York Times prissily informed its readers: "There is a misconception that so-called activist judges who 'legislate from the bench' are invariably liberal. In fact, conservative judges can be even more eager to overrule decisions made by elected officials."
That statement has as much intellectual content as saying: "There is a misconception that so-called activist judges who 'legislate from the bench' are invariably liberal. In fact, conservative judges can be even more eager to play tennis."
The very act of redefining "judicial activism" to mean invalidating any law passed by elected officials is precisely the sort of Alice-in-Wonderland nonsense we're talking about. Liberal judges redefine the Constitution's silence on abortion to mean "abortion is a precious constitutional right." Liberal flacks in the media redefine judicial activism to mean "striking down laws."
The Times' definition isn't even coherent. If it were "judicial activism" to strike down laws – any laws, ever – there would be no point to having a Supreme Court. We could just have some idiot functionary, like Joe Wilson, rubber-stamping whatever the other parts of government do.
Liberals can't win on abortion, gay marriage and bans on the Pledge of Allegiance by allowing Americans to vote. That's why they need the courts to keep inventing rights to abortion, gay marriage and bans on the Pledge of Allegiance.
Normal liberals know that, which is why they duck honest argument. But the crazy liberals don't. That's why Bush needs to concentrate on luring them out of their cages. It takes so little to provoke them! Just let us know before Bush nominates Janice Rogers Brown to the Supreme Court so we can arrange for live TV coverage of George Soros' head exploding, OK?