Senator Al Franken was right on about the Roberts Court this afternoon. For years, he said, conservatives have complained that progressives engage in “judicial activism” from the highest court. Most conservatives on the judiciary committee seemed to agree with Elena Kagan’s definition of a judicial activist as a Justice who doesn’t defer to the elected legislative branch, doesn’t respect precedent, and doesn’t decide as narrowly as possible.
Kagan has demonstrated that she would not be an activist or ideological judge. But, as Senator Franken put it, there is no doubt that the Roberts court is an activist court. Let’s hope that if she is confirmed, the future Justice Kagan can bring real humility and a reasonable interpretation of the Constitution back to the highest court.