How Culture Warriors View the Judiciary…
This is an adaptation of a classic Tim Sandefur post written about five years while he was in the process of shredding conservatives in a bit of a blawgospheric battle over Lawrence v Texas, largely fought between libertarians and conservatives (those posts are on the same page I link to). In any event, I’ve made a few changes to make the dialog slightly more amusing (at least to myself):
Joe: I would like to do X, which is something that doesn’t harm anyone else.
Dick: Yeah, but I don’t like you doing X. It just bothers me. Therefore I’m going to force you to stop.
Joe: But doing X violates no one’s rights.
Dick: Radical nihilist back-slapping liberaltarian! The right of my majority to self-govern over you trumps your right to do X! Besides, not only do I see no Right to X in the Constitution but polling data suggests only a minority supports your position so you’re wrong!
Judge Bill: Um, Dick, I’m sorry, since you provided no legally plausible reason why Joe can not do X if he wants do to X, you don’t have the right to interfere with Joe if he wants to do X.
Dick: Aaargh! Unelected activist nihilist judges taking away my freedom! Help! Help! I’m being repressed! To the barricades!
Sometimes it is so silly that the only appropriate response is silliness. That said, I’ve blogged about judicial activism in the past and pointed out the conservative hypocrisy (here we go again bringing knives to gunfights). You can go here. In that post is a link to a great post by Brother Mark definitely worth reading.