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March 07, 2006
More On Rumsfeld v FAIR
Academic Elephant has an excellent analysis of yesterday's Supreme Court decision concerning military recruiters on university campuses. AE shares my confidence that the John Roberts-led court will concern itself with deciding matters of the law in question, to the best of their abilities--politics be damned:
FAIR has discovered that while invocations of "free speech" and "gay rights" go a long way in the lower courts, they are not a free pass on the Supreme Court. In this venue, it was decided that the government's case may not have been so fashionable or politically correct, but it had the weight of logic behind it. It is pesky when the law trumps your talking points.
Exactly. If we are going to find our way clear of the morally relativistic morass that we find ourselves in, we are going to need plenty of this kind of judicial "activism"--that is, activism in the sense of hewing to the old idea of impartial judgment based on the foundations of the law; activism in the sense that this kind of judicial practice needs to be returned to its place as the rule, not the exception.
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