Thursday, June 28, 2007

Judicial activisim - Conservative style

The Conservative faction on the Supreme Court has decided to change the law prohibiting price floors

In a 5-4 decision the court has decided to overturn 96 years of precedent and change the interpretation of existing law.

This should be considered judicial activism. If Congress did not like the interpetation of the law as it stood they should have been the ones to change it. For the court to change the law unilaterally is profoundly undemocratic.

Of course in Conservative world its only 'judicial activism' if they don't like the result. In this case the result comes at the worst possible time for business. There will be a brief period of a few years in which some businesses will act in the most pig-headed fashion imaginable followed by legislation that is far more pro-consumer than the status quo.

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