WASHINGTON (AP) — House Majority Leader Tom DeLay says Supreme Court Justice Anthony Kennedy’s work from the bench has been outrageous, his latest salvo at the federal judiciary in the weeks following the courts’ refusal to stop Terri Schiavo’s death.
DeLay also labeled a lot of the courts’ Republican appointees as “judicial activists,” a term applied by conservatives to judges they dislike for not following what they call strict interpretations of the Constitution.
The No. 2 Republican in the House has been openly critical of the federal courts since they refused to order the reinsertion of Schiavo’s feeding tube. And he pointed to Kennedy as an example of Republican members of the Supreme Court who were activist and isolated.
“Absolutely. We’ve got Justice Kennedy writing decisions based upon international law, not the Constitution of the United States? That’s just outrageous,” DeLay told Fox News Radio on Tuesday. “And not only that, but he said in session that he does his own research on the Internet? That is just incredibly outrageous.”
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I also liked this part:
However, DeLay has called repeatedly for the House to find a way to hold the federal judiciary accountable for its decisions. “The judiciary has become so activist and so isolated from the American people that it’s our job to do that,” he said.
One way would be for the House Judiciary Committee to investigate the clause in the Constitution that says “judges can serve as long as they serve with good behavior,” he said. “We want to define what good behavior means. And that’s where you have to start.”
Sed quis custodiet ipsos custodes?
And on a semi-related note, I chuckled yesterday at this post from Professor Randy Barnett over at Volokh, about forthcoming responses to the quixotic argument that judicial review is an invention of an activist court and not authorized by the Constitution.
