Al Franken’s Bad Judicial Comedy

Vitriolic left-wing Senator Al Franken has bought into the conservative courts myth.:  This myth is popular only so far as the courts have not yet completely embraced left-wing “progressive” interpretations of the Constitution that in reality render its existance entirely meaningless.:  Rather, such views only dominate academia, the political class and almost all levels of the court system below SCOTUS, where it only captures at least 4 of the 9 justices.

Nevertheless, he’s now on the attack against “conservative activism:”

The first-term senator launched a full-throated attack on originalism, the judicial philosophy often upheld by conservatives as an example for model nominees for the federal courts.

“Originalism isn’t a pillar of our constitutional history. It’s a talking point,” Franken said, adding a jab at Chief Justice John Roberts for his famous comparison between judges and baseball umpires during Roberts’s confirmation hearings.

“How ridiculous,” Franken said. “Judges are nothing like umpires.”

Like Al Franken is nothing like a Senator?

The idea that there is “conservative activism” on the court is what is ridiculous.:  How often are left-wing overreaches from the executive and legislative branches actually struck down?:  Not often.:  The fact that we even have to debate whether SCOTUS will strike down the clearly unconstitutional individual mandate shows just how passive the post-New Deal courts are when it comes to enforcing constitutional restrictions on the schemes of Al Franken and co.

Al Franken wants the courts to roll over and let his big government comrades expand their power without resistance.:  Unfortunately, they’ve done largely that for most of the last century.:  A court that actively defended the Constitution, as opposed to the left-wing activism of writing laws from the bench, would be a dream come true.

Cross-posted at Conservative Compendium.

Brian Garst

Brian Garst is the Director of Government Affairs for the Center for Freedom and Prosperity, a non-profit think tank dedicated to preserving tax competition and free markets. He also blogs at BrianGarst.com.


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Al Franken

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