The Corner

Law & the Courts

The Coming Contradiction on Judicial Activism

The nine Supreme Court justices pose for a group photo in Washington, D.C., April 23, 2021. (Erin Schaff/Reuters)

Today we are likely to hear a lot of Democrats furiously denouncing the Supreme Court decision in New York State Rifle and Pistol Association v. Bruen, contending that the Court has seized a controversial public issue, where public opinion is passionately and deeply divided, and usurped the rightful role of the legislative branch to pass laws as it sees fit to preserve the common good, and unilaterally imposed a one-sided ideological vision, callously and arrogantly sweeping away the legitimate concerns of millions of Americans.

And then, a little while later, those same Democrats will insist that Roe v. Wade must be preserved.

Many progressives seem psychologically incapable of recognizing that the way gun-control advocates feel about today’s decision and the Heller decision is exactly the way pro-lifers feel about Roe v. Wade. It’s not merely that they oppose the decision; it’s that they believe the Supreme Court stepped into a role it was never meant to have, overruling the duly elected legislature based upon a hotly contested interpretation of the Constitution.

Remember, it’s only judicial activism when the other guys do it.

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