Tuesday, 26 May 2009
A Helluva Day to be Unhealthily Obsessed with the Judiciary
I feel for folks in California, but I kind of think that this might turn out better for the Left in the long run. Even when it's valid, overturning a popular referendum never looks good for the side that pushes for it, and doing it on this issue in particular would give a lot of priceless ammo to pundits who (unjustifiably) freak out about judicial activism whenever courts apply the Constitution to any problem that hadn't been foreseen by, say, Thomas Jefferson. Especially since Obama picked Sotomayor and the concept of judicial activism is going to be very, very prominent during her confirmation, it might be best for the Left if they overturn Prop 8 in a referendum in 2010 and have a saner, less bombastic conversation about judges, law, and policymaking that'll probably end up with better, more sympathetic judges getting approved for the bench. In the meantime, I'll be giving to the Courage Campaign.