Will put it back soon. Need to restore from backup.

Will put it back soon. 

Will put it back soon. 

I posted this to get to the heart of the matter on Sotomayor and the lively discussion regarding her nomination.

I think it would behoove all of us to properly define what exactly an "activist judge" is.  I would define an activist judge as one who does not follow the law and legal precedent when making a legal determination.  Rather, such a judge would substitute what they think the law should be rather than what it is.  However, there is a caveat. 

A judge on the Supreme Court need not follow precedent, as bad precedent needs to be overturned.  A district court or appeals court judge does need to follow any precedent, regardless of how wrong that precedent is.  IIRC, Gonzalez v. Carhart was a model for how judges should act: district and appeals courts struck down the law banning partial birth abortion based on precedent and the law.  The Supreme Court then changed the precedent.

Please offer up your own definitions of an activist judge and whether or not you'd agree that courts inferior to the Supreme Court are beholden to bad precedent.

Good Friday morning Swordsmen. It's been a while since I dropped a NCR, but the last week of every month will always be a tough time for me. I hope everything is going well with everyone. a lot of stuff hit the Google reader that have since blown over, so if you see an old story or two, forgive me. On the ledger: a new guy in at Bank of America, Souter stepping down, Obama the socialist, black optimism, the future of the Republican Party, Chysler, cheating, and a surprise guest arrives to Twitter.

The Obama administration recently released four controversial OLC memos (in largely unredacted form; available here ) that discuss in detail specific harsh interrogation techniques that, in the opinion of the memo authors, are permissible under certain circumstances. The Obama administration has withdrawn the memos but has also promised that those who carried out procedures authorized as legal will not face prosecution. Partially for my own convenience in organizing my thoughts and partially in response to some discussion I've seen elsewhere, I wanted to make a few simple points.

Hat tip to The Liberty Papers .

I absolutely hate them. Few things get my free market juices flowing like disgusting cartels propped up by slovenly favoritism and privilege from government.

As some know, there is a small chance I may run for US Congress in 2010 due to my dissatisfaction with how much of an issue "intellectual property" (mostly copyrights and patents) is in national politics.

Before I put forth my ideas, I'd like you at SC to put forth what you have to say on the matter.  Here are some questions you may want to consider:

Well, the Obama presidency is only a few days old and it's been pretty good...so far. Yes, there will be disappointments and bad policy in the coming months (from my POV at least) but in these first few days, Obama has made or is starting to make good on some good campaign promises...and that's always a good thing.

As a libertarian, I don't get much to cheer about regardless of which party is in power so seeing little battles being won in a long, daunting and bleak war is the best I can hope for.

hXWfCP Awesome article post.Much thanks again. Awesome.

Not that more pervasive external audits would not increase the number of frauds discovered, but past history shows that external auditors have not been the most productive in discovering fraud and auditors neither work under the assumption that the dishonest nor assumes unquestioned honesty.

OagXyW Really enjoyed this post. Fantastic.

ErmfjZ Very good blog.Really looking forward to read more. Really Cool.

As my good friend Brutus14 pointed out in Thursday's open thread, the Barr campaign has filed suit [PDF] in Texas to have the court compel the Secretary of State to remove John McCain and Barack Obama from the ballot.

The statute in question which states in part:

Z42IYM Very neat article.Really thank you! Want more.

54rDz5 I think this is a real great blog.Really thank you! Fantastic.

Hat tip to Megan McArdle .

Microsoft is unveiling IE8, Internet Explorer 8, which has privacy feature for browsing than will hurt Google's main business: targeted search ads.

From the Financial Times :

Microsoft has unveiled its Internet Explorer 8 browser equipped with a privacy feature that could threaten the advertising model of web search rivals such as Google.

Ender's video which featured the former Clinton supporter indirectly reminded me of the topic of judicial appointments and its effect on voters.

A common argument for McCain that has been used to shore up his support among the base is that he will appoint strict constructionist judges in the mold of Antonin Scalia while Obama will try to pack the court with far left ideologues. That, in and of itself, is a good enough reason to pull the lever for McCain, regardless of what views he may have on other issues. Indeed, a McCain presidency could finally be what overturns Roe v. Wade. Lets take a moment to dissect these arguments.

To: Philip K. Paulson (1947-2006)
Re: Latest decision: Cross can stay

Yeah, you're dead, and as Atheists we believe that it means the end, oblivion, nothingness. But, you know how we all are all the same, reluctant to give up connections with those we are fond of.