More on Liberal Judicial Inactivism

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Eugene Volokh posts about the judicially inactivist decision declaring that the Constitution doesn't talk about parental rights over what public schools can say to students whose parents send them to public school. I blogged about this before. Now the House of Representatives has joined the conservatives in California who pursued the judicially activist result here, even though there's nothing at all in the Constitution that guarantees such parental rights. Yet they call the decision itself activist. I think Volokh is right that 'judicial activism' for these people just stands for results they disagree with. The historical content no longer remains if this counts as judicial activism. I don't think this is true of originalists as a rule, as some have complained, but it's certainly true of many who vote for conservative politicians to get judges who will favor certain results but then say they oppose judicial activism.

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Sad as I am to say it, I think this is illustrative of how the Republican revolution of the early 90's has been co-opted by the system. There was were principles in terms of process but now expediency has too often won out. It is very sad.

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