SCOTUS and Conservative Judicial Activism
By Michael Kinsley in the Washington Post
Sunday, June 26, 2005; Page B07
The "takings" clause of the Fifth Amendment is for conservatives what the equal protection clause of the 14th is for liberals. It wouldn't be fair to say that conservatives cherish property the way liberals cherish equality. But it would be fair to say that the takings clause is the conservatives' recipe for judicial activism -- imposing their agenda through the courts rather than bothering with democracy -- just as they say liberals have misused the equal protection clause.
Of course, conservatives always claim to be against judicial activism. Liberals have long suspected that this was a decoy and that once conservatives had control of the federal courts they would twist their mustaches, laugh contemptuously and reveal the various policies they planned to impose by judicial fiat. Conservatives and liberals alike have been waiting for this moment for a third of a century....