Five activist Justices on the Supreme Court rewrote Title VII of the Civil Rights Act yesterday and no one on the right wing is screaming bloody murder. Instead they are claiming the 5-4 vote was actually 9-0 (we already knew they’d flunked math) and that the decision sinks the nomination of Sonia Sotomayor for the Court.
Actually it illustrates that she ruled correctly because she and two other Judges decided correctly that the New Haven firefighters suit violated Title VII as previous Courts had ruled. She actually upheld precedent rather than creating new law. It was five Justices appointed by Republicans and whom condemn “activist judges” who do exactly what they did who rewrote federal law yesterday.
It is interesting that Republicans only condemn activist judges when they do so against their wishes but not when they decide something based on race, creed, gender or so on which they desire. It is time to end this specious argument about the role of judges if the right wing lunatic fringe cannot be consistent.