Friday, January 22, 2010

Conservative Judicial Activism

An immediate consequence of yesterday's Citizens United decision is the accusation that conservatives are now the activists on the court. Stuart Taylor writes:

For decades conservatives have accused liberal Supreme Court majorities of judicial activism, by which I mean sweeping aside democratically adopted laws and deeply rooted societal traditions to impose their own policy preferences based on highly debatable interpretations of the Constitution's language and established meaning.On Thursday, the five more conservative justices -- and in particular Chief Justice John Roberts and Samuel Alito, who went well beyond anything they've said before -- forfeited whatever high ground they once held in the judicial activism debate.

Also from the National Journal, analysis of the political ramifications of the decision. Will it benefit business interests and the GOP?

- What Now For Reformers?
- GOP, Chamber Are Big Winners
- Will Corporations Rush In?
- EXPERT BLOG: In The Long Run