Dispatches from the Creation Wars

More conservative “Judicial Activism”

The latest installment in my never-ending series to demonstrate that when conservatives use the phrase “judicial activism”, it means nothing other than “when judges do things we don’t like.” From the AP:

Politically conservative public interest groups filed lawsuits Tuesday seeking to invalidate the $3 billion stem cell research funding institution California voters approved in November.

One lawsuit filed by the People’s Advocate and the National Tax Limitation Foundation alleges that the California Institute for Regenerative Medicine violates California law because it’s not governed exclusively by the state government and the committee that controls the money isn’t publicly elected.

The second lawsuit was filed by a newly created nonprofit called Californians for Public Accountability and Ethical Science, which is supported by at least one person who originally opposed Proposition 71.

The lawsuit alleges that provisions in Proposition 71 exempting members of the institute from some conflict-of-interest laws are illegal. The suit also alleges that the ballot language violated a California election law that requires each proposition to address a single subject.

Proposition 71 was supported by 59 percent of voters.

David Llewellyn, the Sacramento attorney representing the plaintiffs, would identify only two of the people behind Californians for Public Accountability and Ethical Science. They are Dr. Vincent Fortanasce, who was president of the “No on 71″ campaign, and Joni Eareckson Tada, a paraplegic who founded Joni and Friends Ministries in Agoura Hills.

But…what happened to all that kicking and screaming we hear from conservatives about those damn liberals using the courts to get unelected judges to subvert the clearly expressed will of the people and establish “judicial tyranny”? Why, Matthew Staver even tried to go all the way to the Supreme Court to argue than when judges overruled the will of the people, even if that will was expressed indirectly through representatives, it destroyed the Constitutional guarantee of a republican form of government. Think he’ll make that argument if this case succeeds? Yeah, that’ll happen. Carrot Top will win the Academy Award for best actor before that happens. Just more proof that when you hear the phrase “judicial activism” from a so con, you should just interpret that to mean, “I have no idea what I’m talking about, but this phrase sounds vaguely compelling.”