Sunday 24 January 2010
Supreme Sellout ☀
All this adds up to yet another example, as if one were needed, that conservative complaints about “judicial activism” are usually nothing more than a code for “judicial outcomes conservatives don’t like.” Citizens United strikes down a major federal statute by taking the extreme step of explicitly overturning the Court’s own precedents, while dismissing a century’s worth of congressional attempts to stop special interests from buying legislation. The argument that the relevant legal materials required the Court to take such a step is flatly incredible. In short, the decision is as pure an example of judicial activism as one could hope to find.
