Why does it matter what Americans think in a poll? If laws were created based on polls, "separate but equal
" may have been undone later in the USA's history (or still remain). Thankfully, those activist
Supreme Court justices overturned Plessy v. Ferguson
in Brown v. Board of Education
. If "activist judge" means someone who cuts through the political BS and upholds basic human values with blind justice, I want more activist judges. Unfortunately, the term has been adulterated by politicians as a smear against those judges who believe that interpretation of words written hundreds of years ago can evolve
Some judges have castrated themselves of their basic sense of right/wrong for fear of being labeled an "activist" to the point where the big issues are not being weighed, or in some instances, they're decided on spuriously (e.g., corporate funding of political candidates' advertisements cannot
be limited) based on narrow arguments and under the shield of precedence. No federal court wants to hear any challenges to DOMA
, relegating this important issue to the states.
The graphic below depicts state-based defense of marriage amendments (color legend is here
). It shows how this issue is coming to a head in a way that will force the Supreme Court to consider a DOMA challenge in the (hopefully near) future. Let's hope that when it does, the Roberts court is as activist
as the Warren court was when it decided on Brown v. Board of Education.