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OpEdNews Op Eds    H3'ed 7/4/10

A GOP Senator Who Denounces Supreme Court "Judicial Activism" is Like Being a Vegetarian Who Owns a Slaughterhouse

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Message Mark Karlin


Being a GOP senator who denounces Supreme Court "judicial activism" is like being a vegetarian who owns a slaughterhouse.

For more than a decade, the Republicans have benefited from the dismembering of the Constitution and the appointment of a losing candidate to the presidency by a 5-4 Republican partisan hair nail thin majority.

If there are two words to describe the Supreme Court decade between the annointment of George W. Bush as President by 5 people in black robes and the corporate right to own candidates embodied in the January "Citizens United" decision, it is right wing "judicial activism."

The slim winger majority on the Supreme Court isn't the least bit interested in "strict constrictionism." What they are trying to do is re-write the Constitution to reflect pro-corporate and neo-Confederate policies that represent the view points, as Frank Rich recently pointed out, of Strom Thurmond:

The senators trashing [Thurgood] Marshall [at Elena Kagan's confirmation hearings] last week almost uncannily recycled Thurmond's behavior from July 1967, when, as a freshly minted Republican senator on the same committee, he pelted Marshall for an hour with windy, truculent and arcane questions during Marshall's own Supreme Court confirmation hearings. Indeed, some of the coded invective -- such as Alabama Senator Jeff Sessions's decrying Marshall as "a well-known activist" -- was coined by Thurmond and his peers then. Thurmond not only voted against Marshall but declared him too deficient in constitutional knowledge to qualify for the court.

To the GOP, the actual "strict constructionist" Constitution is a deadly threat to their dream of a corporatist, white male dominated society that provides the wealthy with inherent governing privileges. This could also be called the dream of the white male oligarchy, which is another way of describing the Confederacy.

America has seen enough right wing judicial activism on the Supreme Court, including its overriding of Congress in order to achieve partistan right wing ideological goals; it's nearly brought our nation to ruin.

In order to celebrate our independence, it's time to re-dedicate ourselves to regaining our Constitution, our rights, and the supremacy of the individual over institutions such as corporations. That's not "judicial activism"; that's the original intent of the foundation of our laws.

What we have in the 5-4 partisan hack majority on the Supreme Court is the undermining of the basic tenets of democracy, and those Republican senators who claim to oppose "judicial activism" would be denouncing Scalia, Roberts, Thomas, Alito and Kennedy if they weren't the BuzzFlash GOP Hypocrites of the Week.

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Mark Karlin is founder, editor and publisher of, a website providing headlines, news and commentary to over five million people a month. He is a gun control activist with a focus on Illinois.
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