Thursday, June 03, 2004

Professor Bainbridge Shows His Colors

In a brief comment about the partial birth abortion case, Professor Bainbridge finally puts his cards on the table. By that I do not mean to say that most readers of his blog did not know that he was not a right wing law prof, but that he has written quite a bit about "judicial activism" enough that people would believe the good professor would judge the merits of a decision on its adherence to precedent and other normative values. However, here the professor links to the White House and National Right to Life Committee websites in order to convince his readers that the decision is not "a good thing."

So, does that mean judges ought to look to their religious beliefs in order to decide a case? Would that not be judicial activism if those beliefs led one to a decision not in line either with precedent or statute? Oh wait.. I almost forgot.. it is only decisions that go against what the Right believe to be "good" that are instances of judicial activism.


Post a Comment

<< Home