Supreme Court

We're Supposed to Like Judicial Activism

Many liberals, including the president, are attacking the Supreme Court for using judicial review to potentially overturn a law. Even though we like the law in question (most of us anyway), we're supposed to support this role of the judiciary. Since Marbury v Madison, this has been the way things work here.

Republicans -- especially Ron Paul people -- are the ones who are generally opposed to judicial review and judicial activism.

So fine. Attack Republicans like Mark Levin and Karl Rove for being hypocrites, but we have to be careful here.

Once again, it's the hypocrisy, not the actual statement. If conservatives are suddenly in favor of judicial review -- agree with them and then use it against them the next time they bitch about "activist judges!" Don't suddenly take the opposite position just because we happen to like the ACA.

If we're in favor of judicial review then, ultimately, we have to take the good with the bad, even if it means overturning laws that we support.

And I hasten to note, I am stridently opposed to the Supreme Court potentially overturning the ACA, but I'm not opposed to the method by which it might be done.