Saturday, July 7, 2018

Judge Made Law

Sir Thomas More: You threaten like a dockside bully.
Cromwell: How should I threaten?
Sir Thomas More: Like a minster of justice. With justice.
Cromwell: Oh, justice is what you're threatened with.
Sir Thomas More: Then I am not threatened.
--A Man For All Seasons

Since the 1960s, modern progressivism has increasingly relied on the courts to issue orders on policies that could not pass muster in the legislative branch. The result has been judge-made law, with Roe v. Wade serving as poster child for the movement.

As President Trump prepares to nominate a new justice for the Supreme Court, hysteria is building on the left. If the new judge is not sympathetic to legislating progressive matters from the bench, then the aggregate ideological makeup of the new court could close off the judiciary as a policy tool.

The progressive era of judge-made law could be over.

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