9th Circuit Tells the WLB to Go Fuck Himself

[Amarok]

I'm always amused that when a judge's decision goes "our" way they're always "activist judges with a political agenda!"

But when the decision goes "their" way the judge is politically astute and holding to the finest traditions of the law.

The most activist judges in reality are the ones calling themselves "originalists". They interpret constitutional provisions using twentieth century grammar rather than eighteenth and nineteenth century equivalents, thus painting the words of the founding fathers and the framers of the earliest amendments in a light totally contrary to their original meaning. They assume that the original ideals of the founding fathers were of a christian ideology, despite most of the founding fathers writing extensively that the republican system they were creating was expressly secular and that religious motives and organisations should have as little to do with the running of government as possible. They invent reactions the founding fathers and early jurists would have to scenarios and technologies which those same people would never in their wildest imaginations have dreamed of, never mind thought hard enough to come up with a what if scenario.

If these judges are framing their rulings based on what the original ideals of the USA were then I'm a monkey's uncle.

originalism is bunkum . The day I find one who can rule consistently on an originalist frame is the day pigs can fly.