SCOTUS Blocks Florida's anti drag law

[Belsnickel]

(11-24-2023, 02:44 PM)Sociopathicsteelerfan Wrote: One of the things that I find interesting about this is that the initial Roe ruling was a far greater case of judicial activism than the Dobbs ruling.  That a more constitutionally consistent ruling would cause such a flurry of interest is rather indicative of judicial activism being in the eye of the beholder.

Honestly, I find the whole concept of "judicial activism" to be utter bullshit for this very reason. The term is used by those that disagree with a ruling/opinion but in reality every single decision has a dose of judicial activism when you look at the Black's definition of the term. Every jurist has a method to how they interpret the law and that is a subjective decision and one that is often malleable for them. They may be originalist or textualist on one case and go more off script for another, but they will twist their logic to make it fit in their mind so they can alleviate their cognitive dissonance.

And don't get me wrong, I am not bashing the idea of judicial activism. I am a firm believer that if a legislature doesn't want their laws to be interpreted a certain way or executed in a certain way, then they need to craft laws that take these things into account. I have been fighting this battle with one of the boards I am on for my city where I chair a quasi-judicial governmental board and have to tell people all the time that if they don't like my interpretation they should talk to their state legislator to they can change the law. I just think we need to be honest about our system because until we can be we don't stand a chance of improving things.