George Greer and “judicial activism”

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Ed Kilgore’s New Dem Dispatch yesterday about the Terry Schiavo case—set within a larger argument about activist judges—brings up a point I haven’t heard before:

Now, let’s take a look at those “robed masters” in Florida who Kristol says are trampling on democracy in so egregious a manner that Washington must intervene. Unlike federal judges, all Florida state judges serve limited terms of six years, and can be deposed by voters at the end of each term. Moreover, Florida’s Circuit Court judges, its trial judges, must face a non-partisan election every six years with opponents given every opportunity to run against them.

Consider Circuit Court judge George Greer, whom Kristol basically accuses of deciding, as an act of judicial arrogance, against saving Terri Schiavo’s life. Greer was re-elected by the voters of his circuit last year by a two-to-one margin, despite drawing an opponent who was strongly supported by those angry at his role in the Schiavo case.

Messing around on Google, you get a lot of hits for “George Greer” and “activist judges,” as one might expect, but it’s important to remember that the latter term doesn’t really mean anything. (In case anyone needs a refresher, read Don Herzog here, here, and here as to why, oddly enough, there’s no “one obvious interpretation” of the Constitution.) This goes double in Greer’s case. The courts approved of his decision. Voters approved of his decision. It was all part of a well-functioning democratic process. Obviously there will be people who disagree, and that’s fine, but in this case nearly everyone, it seems, save for Tom DeLay and some hyperactive right-wingers in Congress thought Greer did a fine job handling a hard case. So who, pray tell, is the activist here?

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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