May 20, 2003

From yesterday's National Review Online,

From yesterday's National Review Online, Nelson Lund comments on the Senate's refusal to act on judicial nominations. Lund is correct in saying, "This idea — that the validity of judicial decisions depends on the merits of the policy outcomes to which they lead — is already the mainstream view in American law schools. Senate Democrats appear determined to ensure that it becomes the mainstream view among American judges as well. If they prevail, our judicial institutions will stop being courts in anything but name." For all effective purposes, our Constitution is a dead letter. Judges are chosen not to enforce the Constitution, but to implement activist ideals, especially since 1973, when Roe vs. Wade effectively created a new right, ex nihilo. It's time to change this outlook.

Posted by joelfuhrmann at May 20, 2003 09:41 PM
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