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---------- Forwarded message ----------
Date: Sat, 27 Mar 2004 17:43:59 -0800 (PST)
From: Harsha Sankar <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Subject: [JBirch] Stop the Mischief of Activist Judges



Themis <[EMAIL PROTECTED]> wrote:

Stop the Mischief of Activist Judges
PHYLLIS SCHLAFLY REPORT

The enormous damage that activist judges have inflicted on America is described in the 
new book by Judge Robert H. Bork called Coercing Virtue: The Worldwide Rule of Judges. 
The title is rather misleading; the judicial oligarchy is not dictating virtue but 
enforcing a new ideology that he calls "lifestyle socialism."

The courts are now dominated by what Judge Bork calls faux intellectuals of the Left 
who, unable to persuade the people or the legislatures, "avoid the verdict of the 
ballot box" by engaging in "politics masquerading as law." We are "increasingly 
governed not by law or elected representatives, but by unelected, unrepresentative, 
unaccountable committees of lawyers applying no law other than their own will."
Americans generally believe that bloodless revolutions come only dressed in military 
garb, but Bork details how America has suffered a "coup d'etat" from the men and women 
in black robes who have changed us "from the rule of law to the rule of judges." He 
agrees with Justice Antonin Scalia that the Court "is busy designing a Constitution 
for a country I do not recognize."
Bork shows how "virulent judicial activism" has overturned constitutional law in so 
many areas. For example, "the suffocating vulgarity of popular culture is in large 
measure the work of the Court" because it repeatedly defeated the peoples attempts to 
contain and minimize it.
The core value of the First Amendment's speech clause is the protection of political 
speech and, as late as 1942, a unanimous Supreme Court ruled that prohibiting the 
obscene, the profane, and insulting words was never thought to raise any 
constitutional problem because those are not political speech. But now the Court 
limits political speech in campaigns, while using the First Amendment to elevate 
pornography and other assaults on decency.
Activist judges are no so thoroughly secularized that "they not only reject personal 
belief but maintain an active hostility to religion and religious institutions." The 
Supreme Court "has almost succeeded in establishing a new religion: secular humanism."
Bork agrees with Chief Justice Rehnquist that the Court now "bristles with hostility 
to all things religious in public life." Under recent First Amendment decisions, nude 
dancing before football games would be a more acceptable form of expression than 
prayer.
Judge Bork ridicules all the pompous talk we hear about international law, which he 
says is "not law but politics." His critique of the International Criminal Court as 
"the latest international outrage" confirms President Bush's wise decision to "unsign" 
the International Criminal Court treaty (which Bill Clinton signed on his last New 
Years Eve in the White House).
Bork criticizes the citing of foreign sources by seven Supreme Court justices to 
justify their unconstitutional decisions. Justice O'Connor, who has succumbed to what 
Bork calls "the insidious appeal of internationalism," predicts that "we will rely 
increasingly on international and foreign courts in examining domestic issues."
Bork describes the United Nations as not only useless but, "in fact, almost entirely 
detrimental to the interests of the United States." How can we possibly respect the 
authority of "an organization that routinely paints Israel as a fascistic, if not 
genocidal, aggressor in the Middle East, the United States as a ravening imperialistic 
power, and whose Human Rights Commission elected Libya as its head (by a vote of 33 to 
3, with 17 abstentions)"?
Bork says the activist judges see their mission, not as upholding our Constitution, 
but as redefining it to coerce new behaviors on what they consider "a barbarian 
majority motivated by bigotry, racism, sexism, xenophobia, irrational sexual morality, 
and the like." It's Congress's duty to restore self-government under the U.S. 
Constitution and save self-government from the rule of judges.
http://www.eagleforum.org/psr/2004/mar04/psrmar04.html

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