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Subject: Just Who Are The Activist Judges?

Bart, this is for everyone thinking of "sitting this one out" or voting for McSame.

The presidential debates this year saw McCain, come down against activist judges -- the code name 
for justices who believe in Roe v. Wade.    Conservatives like to divide judges into liberal "activists" 
and conservative nonactivists who interpret the law rather than making it. 

Anyone who follows the court knows that conservative judges are as activist as liberal judges
-- just for different causes. The conservative Justices Antonin Scalia and Clarence Thomas are 
actually more activist than their liberal colleagues.

Lori Ringhand, a professor at the University of Kentucky College of Law, examined the voting records 
of the Supreme Court justices from 1994 to date. In the study, justices were considered to have voted 
in an activist way when they voted to overturn a federal statute, or one of the court's own precedents. 
The conservative justices were far more willing than the liberals to strike down federal laws -- clearly an 
activist stance, since they were substituting their own judgment for that of the people's elected 
representatives in Congress. Justice Thomas voted to overturn federal laws in thirty-four cases, 
and Justice Scalia in thirty-one, compared with just fifteen for Justice Stephen Breyer.

And by overturning the court's own precedents, the conservatives were far more activist. 
Justice Thomas voted to overturn precedent twenty-three times, and Justice Scalia nineteen times, 
while the court's four liberals each did so in ten cases or fewer.

Activism is neither good nor bad, neither right nor wrong. The Supreme Court is supposed to strike down 
laws that are unconstitutional or otherwise flawed. It is hypocritical for Republican presidential candidates 
to pretend that Roberts, Scalia, Thomas, and Alito are not activist, and turn to judicial activism into a 
partisan talking point, when the numbers show a very different story.

The entire dialogue, which tens of millions of voters and television commentators believe, is a lie.

Sent in by John Patrick

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