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August 24, 2005

Spector to focus on Judicial Activism

From the Associated Press...

Senate Judiciary Chairman Arlen Specter plans to use the confirmation of Supreme Court nominee John Roberts to criticize what he calls the high court's judicial activism, saying Tuesday that justices have started acting as a "super legislature."

"I am concerned about the Supreme Court's judicial activism which has usurped congressional authority," Specter, R-Pa., said in a letter to Roberts, who will face senators' questions at his confirmation hearing on Sept. 6....

Specter said he will question Roberts about two Americans with Disabilities Act cases that the court decided in 2001 and 2004. In 2001, the high court declared the ADA's Title I unconstitutional in seeking to hold a state liable for employment discrimination, Specter said, but in 2004 the same court upheld the ADA's Title II in mandating access to a paraplegic who had to crawl up steps to a courtroom.

"These decisions pose two major problems," Specter said. "A lack of stability or predictability in the law because the two cases, decided three years apart, are virtually indistinguishable; and, two, the court's judicial activism in functioning as a super legislature."

Congress had held hearings around the nation to support the ADA's passage, but the court said in the 2001 case that the legislative record simply "fails to show that Congress did in fact identify a pattern of irrational state discrimination," Specter said.

I wonder if Spector will address the most notorious and blatant example of judicial activism — Roe v. Wade. (I ask rhetorically, knowing Spector to be a pro-abortion RINO)

Coverage: Outside the Beltway, PoliPundit

Posted by Danny Carlton at August 24, 2005 08:41 AM

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Spector remembers Terri Schivao.

Posted by: SherlockRWBShoes at August 24, 2005 01:34 PM

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