I am so damn sick of pundits referring
to the five injustices on our current Supreme Court as
judicial activists. Merely overturning a precedent is not judicial activism. As I pointed
out in a previous post, “judicial activism" is a pejorative term
reactionaries use to describe the practice of overturning unjust but well
established precedents; which makes "judicial activist" a badge of honor that must be earned! Laws that protect the right to vote and make
it easier to exercise that right are not unjust. Laws that allow
legal remedies for injuries caused by medical malpractice or the
negligence of companies are not unjust. Laws that protect us from
the risky and bad behavior of financial institutions are not unjust.
Laws that protect the right of employees to collectively bargain with
employers are not unjust. Laws that prevent the oligopoly from
buying politicians and elections are not unjust. Calling the five
supreme injustices “judicial activists” is therefore a
bastardization of a term used to describe the very justices who have
done the most to make our laws and our society fairer and more
equitable.
What is obviously called for now is a
term to describe the injustices who are casting us back into a time
before either of the Roosevelts, when there were no labor unions and
the robber barons pretty much did as they pleased no matter how
harmful that was. The definition of a reactionary is: someone who is
resistant or opposed to a force, influence or movement; “especially:
[a] tendency toward a former and usually outmoded political or social
order or policy.” I therefore propose that we describe overturning
just and well established precedents as acts of “judicial
re-activism,” and that we describe the five injustices who are
overturning those just precedents as “judicial reactionaries.”
Given the fact that Messrs. Roberts, Alito, Scalia, Thomas, and Kennedy have made this the most politicized and retrogressive court ever, calling them "Judicial Reactionaries" seems almost too polite to me. I mean, how do you describe men who have and are causing so much damage to our country and the reputation of its highest court without becoming profane? If you have a better suggestion than "judicial reactionaries" or "supreme injustices," please let me know.
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