judicial activism

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Ted Kennedy's Ghost: Please, Overturn ObamaCare

Jonathan Rauch has a conversation with the dead senator about judicial activism

(Newser) - Liberals should really hope the Supreme Court overturns the Affordable Care Act, Ted Kennedy tells Jonathan Rauch for the New York Daily News. "I'm surprised," Rauch writes, "and not just because I'm talking to a dead senator." Wouldn't liberals hate to lose President... More »

Obama: 'Unelected' Justices Shouldn't Kill ObamaCare

President warns Supreme Court of 'judicial activism'

(Newser) - President Obama stood up for health care reform today and took a swipe at "unelected" Supreme Court justices who might rule against Obamacare, the Washington Post reports. “Ultimately, I am confident the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law... More »

Are Conservatives on Court Guilty of Judicial Activism?

Left thinks so, but right defends Scalia and Co.

(Newser) - Today's big debate on health care reform seems to be whether the Supreme Court's conservatives were acting more like legislators than justices. Voices on the left think so and are raising cries of judicial activism. Pundits on the right disagree. A roundup of samples:
  • EJ Dionne, Washington Post
... More »

Suddenly, Conservatives Are the Judicial Activists

Health reform challenge a political maneuver to rally base

(Newser) - For a group that has long derided liberals’ use of “activist judges,” conservatives seem to have no problem calling for a little bit of judicial activism when it comes to health care reform legislation, writes Gabriel Winant. Except now, instead of your “chardonnay-swilling Manhattanites” calling up “... More »

Health Reform's Biggest Hurdle: The Constitution

The government can't simply require people to buy something

(Newser) - Democrats giddy about being on the verge of health care reform ought to look out for a "rock dead ahead," writes George Will. That "rock" is the US Constitution. The idea of forcing people to buy health insurance just doesn't jibe with the principle of individual liberty,... More »

Stevens' Exit Would Break Court Tradition

Tradition sees justices sticking with party that appointed them

(Newser) - Supreme Court justices have traditionally waited to retire until a member of the same party that nominated them held the presidency, writes Kate Klonick for True/Slant. The custom has prevailed even when the justice’s ideology drifted away from that party. But if the rumors about John Paul Stevens’ imminent... More »

McCain Will Vote Against Sotomayor

Senator unable to support a 'judicial activist'

(Newser) - John McCain says he'll oppose Supreme Court nominee Sonia Sotomayor when the Senate votes on her confirmation this week. Despite Sotomayor's efforts to distance herself from her record, the Arizona Republican said today, Sotomayor is a judicial activist who has used her position as a judge to try to change... More »

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