In The Weekly Standard, Duncan Currie looks at the brewing showdown over America’s juiciary:
The underlying threat to American self-government is not merely “right-wing” or “left-wing” judges–but the imperial judiciary itself. Yes, most judicial activism these days occurs on the social left. Conservatives are wholly justified in their high dudgeon. But when they base their arguments on a narrow critique of “liberal” judges, rather than a critique of usurping judges generally, conservatives unintentionally concede a vital point: namely, that American courts should be reaching a sociopolitical consensus for the American people.
In fact, the Founders intended no such role for the courts. Divining and defining the popular will on, say, abortion, same-sex marriage, and the death penalty is properly the duty of the U.S. Congress and state legislators. But for several decades now, American politicians have shirked that duty. Congress has also ducked its constitutional obligation to lasso a renegade judiciary. The result: an unchecked court system with metastasizing powers and an insatiable appetite for legislating.
This is the fuse that the Florida legislators lit in their handling of the Schiavo case.