Isn't Every Judge an "Activist"?

By U.S. News Staff

July 15, 2009 RSS Feed Print

Writes Bonnie Erbe: "All judges, whether liberal, conservative, or moderate, bring their chosen reasoning into arriving at judicial decisions. Neither side is immune from blurring personal political proclivities with their rulings as judges." Is she right? Does political persuasion have anything to do with objectivity? Are all judges just as objective? If not, what kind of judge is Sotomayor? Post your thoughts.

Previously: A Second Stimulus?

Take our poll: Is Sotomayor an activist judge?

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What was missing from all the male "Confirm or Do Not Confirm" senators? Not one of them has a uterus. If they were all shortsighted, an optician could help them see better, but nothing can let them understand what it means to a woman to be pregnant. They all seem to be financially secure with the wages of their office. Like all males, until this year, they were all paid more than women who held the same jobs as theirs. The Chief Executive chose her because he spent so much time in work that "helps the disadvantaged." There are many Ban-Abortion lawmakers like Sen. Graham. I blame them for making poor families have lots of children and calling them "Gifts of God." The world is filled with CONSUMERS. The last thing we need is MORE CONSUMERS. The nominee properly refused to answer some improperly-asked questions because she might have to rule on a particular case. I'm glad the hearings are on tape, showing how Pro-Lifers spent so much time evangelizing.

auradawnveirs of CA 12:33AM July 16, 2009

so that must mean their perception of logic differs. Not surprising. We all see things through the prism of our life experiences.
Roberts, Alito and Scalia are considered conservative. They are objective as much as anyone can be. But they do bring with them their personal conservative perspectives. Is that bad? Not at all. It just means they are human.
If other justices disagree, that does not mean they are less loyal to the constitution or the law, or that they are trying to impose an agenda. They just interpret the constitution differently.
That is why the court system is structured to have two opinions written if there is dissent. It seems dissent occurs often. The wise framers of the constitution understood that intelligent legal minds will differ - look at the differing views Adams and Jefferson had...
Cases must be decided according to precedent and the constitution - as the framers intended. Sotomayor understands this and will be true to it. She is no more an activist that Roberts. I think it is most amusing listening to R - Jeff Sessions - who himself was rejected by a Republican majority for a seat on the bench - FOR RACIALLY BIASED COMMENTS - try to pin bias on Sotomayor.
The courts need balance. The framers also knew this was important. Differing views on the court creates more inciteful discussion and a better chance of viewing all aspects of a topic. The final majority opinion will be more complete after all views are heard.
They are not acivists. Just people with life experiences and intellectual processes that lead them into differing opinions - based on the law.

Dorfy of SC 11:29AM July 15, 2009

I agree that much more time needs to be spent on real issues of law and opinion. I think she has made her personal opinions and "feeling" clear, and I have questions about those in my mind. It is only reasonable, however, to drop the "television entertainment" phase and get down to real business.

Michael Shaver of NJ 9:48AM July 15, 2009

Isn't Every Judge an "Activist"?

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