Why the Left is Getting Hysterical about Judges
What if they really think that right-wing judges will do as much “legislating from the bench” as left-wing judges have?
This is not entirely a straw-man argument: There is a possibility that right-wing judges might stop “birthright citizenship” for children of illegal aliens. On the other hand, I've heard very little about this from the Left. Maybe they refuse to learn about the Right even to know what the real possibilities are.
One common type of legislating from the bench: Declare that a law that has a “disparate impact” on a favored group is unconstitutional. For example, carbon taxes will have a disparate impact on people in rural areas.
Another common type of legislating from the bench: Declare that the law MUST follow the current social preferences of the ruling class. One possibility is banning bilingual education. Another possibility is declaring that the phytoestrogens in soy feminize men and therefore interfere with the militia described in the Second Amendment. Tofu, tempeh, and even soy sauce will be forbidden to males.
To any Leftists reading this: Yes, some of the judicial decisions you applaud sound that nuts.