legislate from the bench

• Conservative Hypocrites Legislate From the Bench

Dick Durbin's got a good idea. The year 2010 is already a nightmare for progressives, and it's only January. In one week alone, the health-care bill derailed, the liberal radio network Air America went silent, and the Supreme Court ruled that the First Amendment allows corporations to pump as much money as they want into political campaigns. I've got no answers on the first two, but a few suggestions for avoiding despair on the third, the most serious threat to American democracy in a generation. In a devastating decision, the high court cleared the way for one of those corporate takeovers you read about, only much bigger. If Exxon wants to spend $1 million (a bar tab for Big Oil) defeating an environmentalist running for city council, it can now do so. If Goldman Sachs wants to pay the...

• Charleston Gazette
• January 27, 2010

• Foreign Matter

Neumayr argues that if Sen John F. Kerry wins in the upcoming US Presidential elections, the use of foreign jurisprudence and foreign opinions on American courts will likely increase. Reliance on foreign jurisprudence is the latest evolution in America's culture of judicial activism in which judges frantically search for rationales to legislate from the bench.

• American Spectator, The
• Vol. 37 Nbr. 4, May 2004

• From Bivens to Malesko and Beyond: Implied Constitutional Remedies and the Separation of Powers*

It is a common refrain among politicians that judges should not "legislate from the bench." Given the Constitution's division of powers between the legislative and judicial branches, this political catchphrase undoubtedly expresses a constitutionally valid sentiment, but it is difficult to apply in practice largely because the separation of powers doctrine from which it arises is so murky. In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court, without any explicit statutory authority, inferred directly from the Constitution a private right of action for damages against federal officials who violated constitutionally protected rights. Evaluated through the collective lens of the deference and institutional competence principles, the reflexive adherence t...

• Texas Law Review
• Vol. 85 Nbr. 2, December 2006

• Ban Foreign Law From Courts We Make Our Own Laws

In recent years, Supreme Court justices have interjected international law into their rulings, creating an environment of disregard for national sovereignty and threatening the institutions put in place by our forefathers. The Constitution laid the foundation for our nation's judicial system, and allowing foreign law to supersede it in any capacity leads to its erosion. Not only is using international precedent a transparent disregard for the Constitution, but it could be used to advance a judge's personal political agenda over the best interests of the nation. Judges have a responsibility to interpret the laws of the land - not legislate from the bench. The practice of U.S. courts referencing and deferring to foreign law needs to stop. That is why I have introduced legislation to prote...

• The Washington Times
• March 11, 2011

• In Roberts, Bush Nominates Experienced Judge Who Will 'Strictly Apply the Constitution and Not Legislate From the Bench'

CHICAGO, July 19 /U.S. Newswire/ -- President Bush announced this evening that he is nominating Judge John G. Roberts to replace Sandra Day O'Conner on the Supreme Court. Regarding the nomination, the President stated that Judge Roberts would be a judge who would "strictly apply the Constitution and not legislate from the bench.

• U.S. Newswire
• July 19, 2005

• Justice in the Balance

There's almost nothing that would indicate a partisan preference for me at all - other than that I've worked with a lot of people who are Democrats." In fact, she says Gov. [Tommy Thompson], during their interview, teased her, "You work with some pretty liberal Democrats." Her reply, recalled with a laugh: "Yes, what's your point? In the current race, WMC is backing [Annette K. Ziegler], producing a slick brochure that approvingly cites her pledge to "act with restraint" and "not legislate from the bench" - code to conservatives for "I'm one of you." Clifford is called a "liberal activist" who's shown "a willingness to set aside laws...based on her personal beliefs." [Jim Pugh] nonetheless feels Wisconsin's appeal to employers has been diminished. He notes that the state last year ran...

• Isthmus; Madison, Wis.
• August 18, 2009

• Appellate, County Court Choices

Republicans have fielded highly qualified candidates for State Superior and Commonwealth courts who share the important belief that judges should not legislate from the bench, but instead apply the law equitably. Everyone is entitled to 'equal justice under the law,'" says Vic Stabile, the GOP candidate for State Superior Court.

• Intelligencer Journal Lancaster New Era - Saturday Edition
• November 03, 2011

• Supreme Court Faceoff

Like other conservative candidates for the court, [Randy Koschnick] calls himself a "strict constructionist" who "will not legislate from the bench." He dwells on the same small set of cases, all decided in 2005, that supposedly demonstrate the court's "liberal activist" tendencies. (If the charge is true, one wonders, why can't critics find examples from other years?) I won't look at scientific studies and decide what should be taught," he assures. "That's the role of the Legislature. I'll look at the Constitution." He adds, "I don't read the Constitution to say that schools must teach or must not teach creationism. Both candidates held their strongest criticisms of each other in reserve until their closing remarks. [Shirley Abrahamson] charged that Koschnick's "rhetoric does not mat...

• Isthmus; Madison, Wis.
• September 07, 2009

• U.S. Built On Competition

Regarding the Walmart story published Nov. 12. When did business competition become illegal in America? Apparently when a judge is found who'll legislate from the bench, forgetting or ignoring the fact that America grew and become great because of business competition. It was called free enterprise, remember? We don't see much of it any more.

• Inland Valley Daily Bulletin
• November 26, 2010

• Sotomayor Vows 'Fidelity to the Law' ; Supreme Court Nominee Gets Her Day to Address Her Critics

Supreme Court nominee Sonia Sotomayor vowed "fidelity to the law" and said she has not advocated for policy since becoming a judge 17 years ago, gently addressing critics on the first day of Senate hearings that produced no fireworks and even the prospect of Republican support. Judge Sotomayor, who's been mainly silent since becoming first Hispanic nominated to the high court, used her brief opening statement to address Republican questions about her impartiality and charges that she would legislate from the bench.

• The Washington Times
• July 14, 2009