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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review May 24, 2005 / 15 Iyar, 5765

Proactive judicial activism

By David Limbaugh


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http://www.JewishWorldReview.com | In my daily perusal of the news, I caught two items that illustrate, quite clearly, how liberals view the role of the judiciary, thus revealing, in stark terms, how critically important is the battle over the judicial filibuster.

First, I read about a commencement speech at Brandeis University by the Massachusetts Supreme Judicial Court justice who authored the opinion declaring same-sex marriage legal in Massachusetts. Newsmax.com reported that Justice Margaret Marshall said, "Our courts function as a pressure valve to defuse political and social tension." Marshall equated criticism of "judicial activism" to a challenge to judicial independence and an effort "to skew public debate or to intimidate judges."

Where do you suppose Marshall came up with the idea that courts serve as pressure valves? Of course we resolve legal disputes in trial courts, but that's hardly what the justice meant by defusing social and political tension. Where in the Constitution — federal or State of Massachusetts — did this lady divine the notion that appellate courts are to take it upon themselves to set policy?

But here she is, consistent with her same-sex marriage decision, publicly defending the prerogative of the judiciary to make law and implement a policy agenda. Worse, she's employing the tactic recently adopted by the Left of accusing opponents of judicial activism of intimidation when they denounce judges who engage in the practice. It's another perfect example of accusing the other side of doing precisely what you are attempting: intimidation.

When its guard is down, the Left openly admits it philosophically supports judicial activism as a means to the end of establishing policy. Having resigned itself to the unlikelihood of achieving its goals through the legislative process, the Left doesn't even bother to explain how it can reconcile the courts assuming a law-making role.

That's why there is no moral equivalence between conservatives opposing activist judges and liberals opposing originalist judges. Even if Republicans had obstructed President Clinton's appellate court appointments to the degree Democrats have blocked President Bush's, which is not the case, we're talking apples and oranges, because most such Clinton appointees believe, as a matter of their judicial philosophy, that it's acceptable for courts to make law. If all judges honored the courts' proper constitutional role, the subject of their "conservatism" or "liberalism" would be largely irrelevant, because they would relegate themselves to interpreting the law, rather than making policy — conservative or liberal.

I truly don't know of any "conservative" judges who believe in judicial activism. The fact that liberals say originalist judges are merely activist judges with a conservative bent doesn't make it so. But it certainly serves to muck up the issue and create the false perception of a moral equivalence — something the Left has refined to an art form.

Not that it's needed, but I found further proof of the Left's willingness to conspicuously embrace judicial activism, in reviewing the transcript of Democratic National Committee Chairman Howard Dean's appearance on NBC's "Meet the Press."

As DNC chairman, Dean speaks for the party. Right out of the box Sunday, in response to a question about the potential significance of the anticipated Republican decision to invoke the constitutional option to outlaw filibusters for judicial nominees, Dean said " 48 percent of us didn't vote for President Bush, but we still have some say in shaping the agenda of the country."

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This quote immediately reveals two things about Dean's (and the Left's) mindset concerning the judicial appointment issue. First, as I correctly asserted in a very recent column, Democrats seem to think they are entitled, as a minority party, to have their own judges appointed in proportion to the popular vote percentage their losing candidate (John Kerry) received in the election. Based on Dean's rants and other things I've read, I don't think I'm drawing an extreme inference. More importantly, Dean, like Justice Marshall and, presumably, the lion's share of Democrat congressmen, makes no bones about admitting that he views the role of appellate judges as including policy making (agenda-shaping). If there were any doubt about Dean's meaning, he added a few minutes later (still in reference to the judicial appointment issue), "This is the last opportunity the Democrats have to say anything about public policy" considering that "one party is pretty well in charge in Washington."

In other words, Democrat congressmen should utilize the filibuster to reject originalist judges appointed by Republican presidents, no matter how qualified and honorable.

Democrats have done a good job snowing people into believing this judicial fight is purely one of partisan political rancor, but it is much more than that, from their perspective. It's a last ditch, desperation effort to hold on to the judiciary as a policy-making vehicle.

All of the foregoing underscores why the latest news — that Senate Republicans have once again caved by entering into a "bipartisan" compromise with Democrats to avert the constitutional option and undermine President Bush and his judicial appointment power — is exceptionally troubling.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

David Limbaugh, a columnist and attorney practicing in Cape Girardeau, Mo., is the author of, most recently, "Persecution: How Liberals Are Waging War Against Christianity". (Click HERE to purchase. Sales help fund JWR.) Comment by clicking here.

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