Friday, May 07, 2004
The Right Thing in the Wrong Way
Over at La Shawn Barber's Corner, there's this intriguing critique of the Brown v. Board of Education decision of 1954. What happens when the Supreme Court does the right thing (ending government-sanctioned segregation) in the wrong way? You get an activist court that imposes its own view of social issues on the law, rather than interpreting the law as it is written. This may even seem like a good idea... until you remember that this door will most definitely swing both ways, and a court that is moderate today may veer to extremes (on either side) tomorrow. As La Shawn concludes: "...judge-made law, no matter how beneficial to certain Americans, threatens the freedom of all Americans."
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