About Those Activist Judges
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Conservatives constantly argue that only strict constructionist Justices should serve on the Supreme Court. Republicans argue that the courts are filled with too many activist liberal judges. It is painfully obvious that Justice Antonin Scalia took an activist role in his dissent of the Court's Lawrence et al. v. TEXAS decision. Scalia made the bizarre argument that sexual actitity is not a Constitution right. Scalia supported Texas law enforcement officers continuing to arrest consenting male adults for engaging in anal sex in the privacy of their homes.
Chief Justice John Roberts interpretation of the Eighth amendment shows a deep contempt for the Constitution.
“A slightly or marginally safer alternative” would not suffice, the chief justice said. He added: “Simply because an execution method may result in pain, either by accident or as an inescapable consequence of death, does not establish the sort of ‘objectively intolerable risk of harm’ that qualifies as cruel and unusual” under the Eighth Amendment.
Roberts is creating such a huge loophole to continue executions. I get that Roberts supports the death penalty. That doesn't give him the right to disregard the Eighth amendment.
Justice John Paul Stevens urged for abolishing the death penalty. That is a state policy decision. Governors know the death penalty is popular with constituents. They aren't about to fuck up their re-election chances.
The Eighth amendment protects prisoners from assault from undue assault and torture from law enforcement and guards. Without the amendment, citizens would be at the mercy of their captors. Conservatives believe it is patriotic to toss the Eight amendment and habeas corpus out. Alberto Gonzales went as far as to argue against habeas corpus.
Conservatives lack the courage to come out and say that they could care less if people suffer when they are executed. Instead, they frame their arguments and make weird analogies. Republicans candidates and op-ed columnists use Dred Scott to talk about abortion. Nevermind, that slavery and abortion have little to do with each other. The majority of voters will reject overturning Roe v. Wade. That is why the GOP uses weird talking points.
A political party has activist judges, but it isn't the Democrats.