So the danger of conservative judicial activism has been averted for another year. Stay tuned.
From Michael Kinsley
He's nice enough not to want to be associated with a nasty remark but not nice enough not to make it. Lacking the courage of one's nastiness does not make one nice.
Almost any government activity can also be seen as taking property 'without just compensation.' The basic model of an unconstitutional 'taking' would be if the government threw you out of your house.
Conservatives and liberals alike have been waiting for this moment for a third of a century.
In recurring episodes over the next couple of decades, the minority view gradually won. A profusion of factors differentiates each case from the others, including naked partisanship on both sides, but the trend has been clear.
In those days, the late 1970s, one of the leading politicians was a soon-to-be uncle by marriage of Arnold Schwarzenegger, named Ted Kennedy.
Of course, conservatives always claim to be against judicial activism.
If sexual intercourse, as the poets tell us, began in 1963, it was another decade and a half before the American political system began to take notice.
A gaffe is when a politician tells the truth.
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