George Will on Appropriate ‘Judicial Activism’
In the wake of the Chrysler hijacking, Will nails it:
Controversy about the judiciary’s proper role is again at a boil because of a Supreme Court vacancy, and conservatives are warning against “judicial activism.” But the Chrysler and GM bailouts and bankruptcies are reasons for conservatives to rethink the usefulness of that phrase and to make some distinctions.
Of course courts should not make policy or invent rights not stipulated or implied by statutes or the Constitution’s text. But courts have no nobler function than that of actively defending property, contracts and other bulwarks of freedom against depredations by government, including by popularly elected, and popular, officials. Regarding Chrysler and GM, the executive branch is exercising powers it does not have under any statute or constitutional provision. At moments such as this, deference to the political branches constitutes dereliction of judicial duty.
What Will describes as a clarified definition of “judicial activism” for sound bite purposes is really best described as “doing their constitutional jobs.”
