Three Justices responded yesterday to criticisms leveled against the courts by conservative Republicans about a judiciary run amok. Interesting comments by all three, particularly O'Connor, who referred to the cyclical nature of such comments.
In nearly every era, criticisms of the judiciary usually involve the charge of an activist bench, saying that the judges have exceeded their authority or are legislating from the Bench. To be sure, one can always find, no matter your political persuasion, a decision or two or ten that supports your point of view.
Justice O'Connor, who has been on the Supreme Court for 24 years or so, understands the cyclical nature. In the mid-1990's, when the Supreme Court was striking down laws passed by Congress under the rubric of the Commerce Clause, surely remembers charges from the left that the Supreme Court was legislating from the bench.
Thus, one party's activism is another party's laudable actions.
On a side note, Justice Breyer notes "Our job ... is to decide the case in front of us."
Additional coverage here and here.
3 Justices Respond Personally to Criticism of U.S. Judiciary
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