Barney Frank: “here they go again. Once again, the Republican Party is demanding of the courts that they be more activist. Earlier this…”

“here they go again. Once again, the Republican Party is demanding of the courts that they be more activist. Earlier this year, we passed a resolution denouncing the Supreme Court in the case of eminent domain for not overturning decisions of local and State elected officials in Connecticut. Today, we are asked to denounce the Ninth Circuit Court for not overturning the actions of a local School Board. And here is the nub of the Court's holding, quote, ``although we reached our conclusions with little difficulty and firmly endorse the school districts' authority to conduct a survey for the purposes involved here, we reiterate that we express no view on the wisdom of posing some of the particular questions asked or of conducting an inquiry into the particular areas surveyed by the school district.'' And here is what the majority is apparently upset about. That determination is properly left to the school authorities. In other words, where is activism when you need it, Madam Speaker? Why do we not have a Supreme Court tell the people in Connecticut, elected officials, you may not do this economic development the way you want? We, the unelected Supreme Court, will overturn you. Here, without a specific textual phrase in the Constitution, even like taking of property, we say to the Ninth Circuit, how dare you say this is up to the school board?…”