Today's big debate on health care reform seems to be whether the Supreme Court's conservatives were acting more like legislators than justices. Voices on the left think so and are raising cries of judicial activism. Pundits on the right disagree. A roundup of samples:
- EJ Dionne, Washington Post: Hey, he wonders, aren't liberal judges supposed to be the ones guilty of judicial activism? You wouldn't know it from the way Antonin Scalia and crew were acting—as if they were "they were members of the Senate Health, Education, Labor, and Pensions Committee." He even trots out the term "judicial dictatorship." If the law is struck down, "a court that gave us Bush v. Gore will prove conclusively that it sees no limits on its power, no need to defer to those elected to make our laws. A Supreme Court that is supposed to give us justice will instead deliver ideology." Full column here.