We hear over and over ad nausem from the republican pundits and congress people that the one thing they never want is "activist judges".
Following that we next hear from them that "judges should interpret the law, not make the law". They do not seem to realize that to interpret a statute of congress is to make case law which is just as good as legislative law once the case is decided.
So what is the current nature of the judiciary? Different to say the least:
Here's the core constitutional fact: a progressive president and Congress now face a conservative judiciary, for the first time since 1937. Obama's ambitious agenda, if enacted, must go before federal courts—where judges can rewrite or strike down key provisions.(Newsweek, italics added). For the first time in over seven decades, seventy years, or 35 congresses, the judiciary is decidedly "conservative".
We will have to wait to find out what that means to those federal judges.
The next post in this series is here.