On the recordAugust 3, 2010
I have been listening off and on throughout the day to the debate that has taken place on the Senate floor regarding her nomination and I have heard over and over concerns expressed--particularly from the other side of the aisle--about this terrible spectre of judicial activism, the judicial activism that looms over the Court and looms over the Kagan nomination. I know it is a familiar tune from the other side. I think most of them could sing it in their sleep, frankly. But if you actually look at where the activism is coming from, the surprising conclusion that I think objective people would have no choice but to reach is that it is the rightwing of the Supreme Court--the rightwing; the Roberts wing of the Court--that is in fact engaged in all of the activism. I think to a certain extent activism is a term of general criticism and that it applies to decisions you don't like.
