Judicial activism?

“Judges and justices are servants of the law, not the other way around. Judges are like umpires. Umpires don’t make the rules; they apply them.

“The role of an umpire and a judge is critical. They make sure everybody plays by the rules. But it is a limited role. Nobody ever went to a ballgame to see the umpire.

“Judges have to have the humility to recognize that they operate within a system of precedent, shaped by other judges equally striving to live up to the judicial oath.

“And judges have to have the modesty to be open in the decision-making process to the considered views of their colleagues on the bench.”

So said John Roberts, under oath, at his Senate Judiciary Committee confirmation hearing.

Lawyers who’ve analyzed both the Citizens United and recently decided Knox v. Service Employees International Union cases wonder if the chief justice is the same man who testified at that hearing.

Both cases involved the court deciding issues that were not part of the case. Sort of like a judge finding you guilty of stealing a Hummer when you only stole a toy car from the five-and-dime. Isn’t that judicial activism?

Bob Wynhausen

Sandpoint