"TAMING JUDICIAL ACTIVISM": Eve

I am pretty sketched by Parisi's proposal below, actually. Although I probably often sound like him, I certainly don't believe that justices should always rule in ways that make the majority happy--I'm mostly a textualist, not a majoritarian. But I do think it's important to note how many people believe the ability to make law has been effectively taken out of their hands by the courts. My mother recently said that she didn't think people should vote when they didn't understand the issues--you should be a responsible voter. I agree, of course. And I wonder how one can be a responsible voter when the courts can interpret the laws for which we and our representatives vote in ways that diverge so radically from both what we did (the text) and what we thought we were doing (intent). How can we even attempt to know what we're voting for?
posted by Eve at 5:49 PM | Link |

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