Judicial activism for me, but not for thee

From Glenn Reynolds’s readers:

“Rather hilariously, David Dow, the author of the Newsweek piece calling for the impeachment of the Supreme Court if they overturn the health care law, is the author of America’s Prophets: How Judicial Activism Makes America Great.” Only the right sort of judicial activism. Impeach the rest!

More on the “MarburyGate” presidential gaffe from Thom Lambert and David Bernstein.


  • I agree this is insane. Although I think it is clear that the extent to which you want judges to “legislature from the bench” depends on your political perspective on that specific case. Not a lot of purists that follow their own ideology on judicial activism more than thin interest in the particular outcome of the cases they are focusing on in the moment.

  • How sad… and hypocritical.

  • If they dared try and impeach…..[looks around for my musket, powder, ball and tri-corner hat]