The Threat Of Liberal Judicial Activism Reaches New Heights

In making the case for judicial review, Chief Justice John Marshall pointed out that judges take a sworn oath to uphold the laws of the United States.  Until last month, it would have been unnecessary to stress that he was obviously referring to actual laws, not the unfulfilled fantasies of a lone member of Congress.  Nevertheless, on July 7, in a case largely ignored by the media, dissenting Justices Breyer, Ginsburg, Sotomayor and Kagan carried judicial activism to new heights by advocating a stay of execution on the basis of an imaginary law. They thereby revealed themselves to be so desperate to save barbaric murderers that they unashamedly and brazenly sought to apply un-enacted legislation introduced on June 14 by one senator, Patrick Leahy, with not a single cosponsor and by no representative at all.  They had to know that this was not going to pass, because it had never been seriously considered in over seven years -- even when those least unlikely to vote for...(Read Full Article)

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