What is an activist judge?
I am following with interest this morning the nomination of Federal Appeals Court Judge Sonia Sotomayor to the nation’s highest court. In his introduction of Judge Sotomayor, President Obama said that it was important to him that he select someone of superior intellect, someone with respect for precedent who would not legislate from the bench. That being said, I am sure there will still be many critics of this nomination who will accuse Judge Sotomayor of being an “activist judge,” also known as a judge who “legislates from the bench.” It has been my experience that the meaning of those phrases is synonymous with a “judge who disagrees with me.” All those judges who should be ruling my way, but aren’t, are out of control, activist judges who are making law from the bench. Conservatives think judges who support Roe v. Wade are activist, and liberals think judges who don’t recognize gay marriage are activist judges. Ahh – activism is in the eye of the beholder.
