Dispatches from the Creation Wars

Conservative Judicial Theory in Practice

I had to chuckle as I read Tim Sandefur’s take on how conservatives view the judiciary:

Joe: I would like to do X, which is something that doesnít harm anyone else.

Richard: Yeah, but I donít like you doing X. It just bothers me. Therefore Iím going to force you to stop.

Judge Bill: Um, Richard, Iím sorry, you donít have the right to interfere with Joe if he wants to do X.

Richard: Aaargh! Unelected judges taking away my freedom! Help! Help! Iím being repressed!

Come and see the violence inherent in the system! Hilarious, and for the most part accurate. Too often, it seems to me, conservatives believe that if we limit their ability to impose their will on others, we’ve deprived them of their rights – as though they had some inherent privelege to do so. By the way, you should be reading his blog. You should also be reading Randy Barnett’s webpage. And the Trivial Pursuit blog. And Southern Appeal too.

Southern Appeal has a long list of links to blogs discussing the 9th amendment, as this debate sweeps through the blogosphere.