As a man of the left, I think your critique of how some conservatives are abandoning their former opposition to judicial activism is on point.  This theory is a power move from the right.  People are getting more radicalized as we speak.



Well, thanks, but some recent court decisions seem to me not conservative judicial activism, but merely a correction of left-wing judicial activism.  I don’t see it as a “power move” to correct previous power moves; quite the contrary.  So I am not terribly worried.  Yet.

Unfortunately, though, you’re right that some conservatives really would like to see a conservative variety of judicial activism.  Conservatives ought to champion the rule of law.  Decades ago, the left gave up on the rule of law.  Some on the right seem to have concluded that things have gone so far that they must fight fire with fire.

A conservative young man visited my office some years ago and recited a long list of illegitimate, dishonest, manipulatory techniques used by the left.  I said words to the effect, “I know all this.  Why are you telling me?”  He replied “Because unless our side does the same things, we’ll lose the country.”  I answered, “If you do what is evil so that good will result, you will destroy everything about your country worth saving, and you will be just like those whom you oppose.”  I’m afraid he was very disappointed in me, and left my office in sorrow.