Sunday, April 11, 2010

Stevens the party hack due to retire from the Supreme Court

Justice Stevens’ activism made America weaker | The Daily Caller - Breaking News, Opinion, Research, and Entertainment

The daily caller has a very good summary of some of the more controversial decisions of Justice John Paul Stevens.

The retirement announcement by Supreme Court Justice John Paul Stevens brings about the usual speculation about his replacement, as well as the retrospective of the retiring justice’s career. Much will be made of the oft-described collegiality of Justice Stevens, and deservedly so. He is by all accounts a decent man, a World War II veteran, and he is beyond question a Justice who wrote opinions across the spectrums of ideology and judicial philosophy, notably defending, in dissent, Congressional action to ban the desecration of the United States flag (see Texas v. Johnson, 491 U. S. 397).

But make no mistake about Stevens’ legacy. He is, like virtually all modern liberal jurists, an activist who is not afraid to use the Court to achieve his own philosophical ends. And that tendency is as dangerous as a renegade president and Congress hell bent on increasing the power of the state at the expense of liberty, as is the case with the current regime.

Justice Stevens’ opinions span some 34 years, seven Presidents and numerous colleagues on the Court. Accordingly, some will point to supposedly “right leaning” decisions from yesteryear, such as the aforementioned flag case, his 1978 opinions upholding an FCC regulation against broadcasting indecent material (see FCC v. Pacifica, 438 U.S. 726) and voting to strike down a racial quota system in California (see Regents of University of California v Bakke, 438 U.S. 265), as well as his 1976 opinion voting to reinstate the death penalty (Gregg v. Georgia, 428 U. S. 153).

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