“Activism? What Activism?”
Ed Whalen has this post on National Review Bench Memos blog:
Discussing the California marriage ruling on Slate, Dahlia Lithwick argues, inconsistently, both that “judicial activism” is “an empty label” and that there’s a “difference between judicial activism and judicial action.” . . .
Lithwick seems amazed that some folks could criticize the California marriage decision before reading it. It’s rather charming, I suppose, that after all the lawless rulings on same-sex marriage, one might be so naïve as to think that maybe, just maybe, there’s a right to same-sex marriage hidden somewhere in the penumbras and emanations of the California constitution, and that we just need our judicial lords to enlighten us. . .