As those of us at UE have started the discussion about what the role of the Federal Courts are and whether or not "activism" is something to be avoided, potential nominee to the highest court in the land, Sonia Sotomayor, gave her views on the subject...

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We Could Do Worse
written by Quickjustice , May 07, 2009

She's right. The U.S. Courts of Appeals are where most legal policy at the federal level is made. I've briefed and argued cases to three of those courts. Few statutes are clear enough to cover all situations without ambiguity. The courts interpret those laws as best they can.

And Jay: you want an "activist" court? Sotomayor is arguing for exactly that.

She's a liberal, but she is smart, principled, and a New Yorker. Obama will not be appointing a conservative no matter how loud we scream. We could do much worse than Judge Sotomayor.

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written by Jay Golub , May 07, 2009

"And Jay: you want an "activist" court? Sotomayor is arguing for exactly that."

Let me clarify that for you, QJ - she, and her friends on the Left, are ALREADY doing it. If we sit around and continue to do nothing, they win and enact their will over the American people.

It's time for the Right to understand the battle we are in...

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Ever Since Democratic President Franklin Delano Roosevelt
written by Quickjustice , May 08, 2009

We've had activist courts since the FDR Administration in the 1930s. Republican Presidents since Eisenhower have been trying to trim that back.

Libertarian Professor Richard Epstein at University of Chicago is the most articulate voice for reviving "privileges and immunities" and property rights which lie dormant in the U.S. Constitution. Under the Obama Administration, he's unlikely to see things improve.

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