George Greer and “judicial activism”

Get your news from a source that’s not owned and controlled by oligarchs. Sign up for the free Mother Jones Daily.


Ed Kilgore’s New Dem Dispatch yesterday about the Terry Schiavo case—set within a larger argument about activist judges—brings up a point I haven’t heard before:

Now, let’s take a look at those “robed masters” in Florida who Kristol says are trampling on democracy in so egregious a manner that Washington must intervene. Unlike federal judges, all Florida state judges serve limited terms of six years, and can be deposed by voters at the end of each term. Moreover, Florida’s Circuit Court judges, its trial judges, must face a non-partisan election every six years with opponents given every opportunity to run against them.

Consider Circuit Court judge George Greer, whom Kristol basically accuses of deciding, as an act of judicial arrogance, against saving Terri Schiavo’s life. Greer was re-elected by the voters of his circuit last year by a two-to-one margin, despite drawing an opponent who was strongly supported by those angry at his role in the Schiavo case.

Messing around on Google, you get a lot of hits for “George Greer” and “activist judges,” as one might expect, but it’s important to remember that the latter term doesn’t really mean anything. (In case anyone needs a refresher, read Don Herzog here, here, and here as to why, oddly enough, there’s no “one obvious interpretation” of the Constitution.) This goes double in Greer’s case. The courts approved of his decision. Voters approved of his decision. It was all part of a well-functioning democratic process. Obviously there will be people who disagree, and that’s fine, but in this case nearly everyone, it seems, save for Tom DeLay and some hyperactive right-wingers in Congress thought Greer did a fine job handling a hard case. So who, pray tell, is the activist here?

Take the next step: Help us fight for the truth.

Investigative journalism, like the story you just read, takes time to do. Months of research. Weeks of writing, editing, and fact checking—and putting together the photography, art, video, and audio that tell the stories in a new way, illuminating new perspectives and voices.

We can afford to take that time because we don’t report to an oligarch or corporation with a special agenda. We report to you, and for you. That’s why we unabashedly pursue the truth and relentlessly shine a light into the darkness.

In this month’s Summer Membership Drive, we’ve got to raise $200,000 to support more crucial investigations. This is a pivotal moment in our nation, with democracy on the line, and we can only do this work because readers like you step up. Every donation, of any amount, makes a difference here. We cannot do this work without you.

So, we’re asking: Will you support independent journalism that demands those in power answer for their actions?

Take the next step: Help us fight for the truth.

Investigative journalism, like the story you just read, takes time to do. Months of research. Weeks of writing, editing, and fact checking—and putting together the photography, art, video, and audio that tell the stories in a new way, illuminating new perspectives and voices

We can afford to take that time because we don’t report to an oligarch or corporation with a special agenda. We report to you, and for you. That’s why we unabashedly pursue the truth and relentlessly shine a light into the darkness.

In this month’s Summer Membership Drive, we’ve got to raise $200,000 to support more crucial investigations. This is a pivotal moment in our nation, with democracy on the line, and we can only do this work because readers like you step up. Every donation, of any amount, makes a difference here. We cannot do this work without you.

So, we’re asking: Will you support independent journalism that demands those in power answer for their actions?

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

INDEPENDENT. BECAUSE OF YOU.

Mother Jones has no billionaires calling the shots—just readers like you making fearless reporting possible

Donate