The Proper Role of a Judge

Alberto R. Gonzales

A judge with life tenure who gives his own views on political and policy matters greater weight than the considered viewpoint of the elected representatives of the people, or who believes he alone knows what is the best policy, can make great mischief. The Framers understood this. Hamilton said, "It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature." Read More

Andrew W. Pollock III

Even if this amendment were to be ratified, what would prevent activist judges from ignoring the plain meaning of the amendment? For example, a judge might rule that although a person may be physically male, it's possible that he could be psychologically female at the time of the marriage and therefore a woman, and thus the amendment could be interpreted as providing constitutional protection for same-sex unions Read More

John Roberts

Written at some unspecified date back in the 1980s:

There are currently pending in Congress over twenty bills which would divest the Supreme Court (and, in most instances, lower federal courts as well) of jurisdiction to hear certain types of controversies, ranging from school prayer and desegregation cases to abortion cases. Proposals of this sort have been commonplace in Congress for at least thirty years, covering such diverse subject matter areas as subversive activities, S. 2646, 85th Cong., 2d Sess. (1958), reapportionment, H.R. 11926, 88th Cong., 2d Sess. (1964), and the admissibility of confessions, S. 917, 90th Cong., 2d Sess. (1968). None of the proposals prompted by specific Supreme Court decisions, however, have been enacted into law. Read More

Sylvester Pennoyer

Here's a perspective on judicial activism expressed by a one-time Oregon governor in his 1887 inauguration speech:

The Courts have advanced the theory that it is their province, in case they are of the opinion that the Legislature has erred in regard to a Constitutional question, to nullify the Legislative act by a judicial decision. This doctrine has no foundation whatever in the Constitution, it has no foundation in the common law, it has no foundation in reason (for the common law is "the perfection of reason"), and it has no other foundation than the dictum of the Courts themselves. Read More

David W. New, Esq.

The problem of judicial activism is on the national radar scope more today than ever before. Americans know that something is wrong when activist judges rule that "under God" in the Pledge of Allegiance is unconstitutional. Many people who were not sure if judicial activism was a problem changed their minds when the Massachusetts Supreme Court ruled that homosexuals have a right to marry. How can a constitution written in 1780 by John Adams suddenly protect gay marriage? The American Bar Association just released a poll which suggested that more than half of all Americans believe that judicial activism is a serious problem today. Read More

October 31, 2005

THE PRESIDENT: Good morning. I'm pleased to announce my nomination of Judge Samuel A. Alito, Jr., as Associate Justice of the Supreme Court of the United States. Judge Alito is one of the most accomplished and respected judges in America, and his long career in public service has given him an extraordinary breadth of experience. Read More

Did America dodge a bullet when Harriet Miers withdrew her name from consideration for Sandra Day O'Connor's seat on SCOTUS? Back in 1993 Ms. Miers argued that democracy simply wasn't up to the challenge of governance in America: "My basic message here is that when you hear the Courts blamed for activism or intrusion where they do not belong... Stop and examine what the elected leadership has done to solve the problem at issue . . ." Read More.

Craig A. McCarthy

President Bush has nominated White House Counsel Harriet Miers to fill the Supreme Court seat to be vacated by retiring Justice Sandra O'Connor. I've read some things about Ms. Miers that are encouraging, and have read some positive comments from people with whom I personally share social and judicial philosophy. None of that makes me happy about this nomination, however. Read More.

Read the speech that Kansas State Representative Lance Kinzer delivered on the topic of court-mandated appropriations. The speech was presented on the floor of the Kansas House of Representatives during a special session of the state legislature June-July 2005.

Craig McCarthy of CourtZero speaks out on behalf of fair votes for judicial nominees (May 25, 2005)