No legislature ever voted for unlimited abortion, no legislature kicked prayer and the Ten Commandments out of public schools, no legislature said pornography should flood the airwaves. The people of Arkansas enacted term limits, yet the measure is no longer on the books. The people of Arizona voted to have government business to be conducted in English, yet that policy is not in effect. The people of Colorado rejected special rights for homosexuals, yet special rights remain in force. Because when liberals strike out in the statehouse, they go to the courthouse and need activist judges there waiting for them to implement their political goals.
Liberals have a big problem, however, because judicial activism is impossible to justify.
It is simply impossible to reconcile the power of judges to make up the law with the principles on which America's founders built this constitutional republic. Today the gimmick of choice is race-baiting and the shrewdness of the strategy makes it no less perverse. President Clinton intentionally chooses minorities as his most liberal, most activist nominees for a practical political reason. He would rather use their race than defend their record. Using the echo chamber of Senate Democrats, leftist interest groups, and the liberal media, Mr. Clinton can use the race card to force these nominees through the confirmation process rather than honestly defend their radical, activist records.