Sunday, May 18, 2008

Dahlia Lithwick on the Governator...

Anyone who's read my blog knows I love Dahlia Lithwick's writing about the judiciary and laws. Here's her take on the Governator's response to California legalizing gay marriage:
So—and in the event that you are scoring this along with me from the bleachers—that means the Governator, who was once prepared to thwart the will of the Legislature in order to uphold the will of the people, is not prepared to usurp the prerogative of the courts to thwart the will of the people or the Legislature. Nor will he back any future attempts of the people to usurp the powers of the courts. Which by some lights makes him a seriously activist governor and by others makes him the biggest wuss in history.
Ha ha...gotta love her. That, however, was written tongue in cheek as she finishes with:
My own vote today is with the governor, who's smart enough to realize both that activism is an empty label, and that when your citizens and/or their Legislature are racing around banning and legalizing the same thing at the same time, the will of the people is not necessarily the last word on what's constitutional. Moreover, he seems to understand the difference between judicial activism and judicial action, and the fact that the latter is not something for which a court needs to apologize.


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