During Supreme Court Hearings, Professor David Tubbs Advocates for Less Judicial Legislation
Op-ed explores whether Justice Stevens’ activist philosophy is worth emulating
NEW YORK, July 2, 2010—Dr. David Tubbs, Assistant Professor of Politics at The King’s College, published an article this week in the Washington Times, a daily newspaper based in the nation’s capital.
Tubbs’ article, titled “Put Nominee on the Stevens Hot Seat,” exhorts the Senate Committee on the Judiciary to use the Supreme Court nomination hearings for Solicitor General Elena Kagan to explore whether “her judicial views align with [Justice Stevens’], especially on matters of constitutional law.”
Tubbs writes that Stevens believes in the necessity of “broad judicial power.” After looking at a 2003 case regarding criminal punishments, Tubbs states that Stevens’ attitude on the Court is that “humane and morally enlightened judges must offer different kinds of beneficent protection to the American people.”
He warns, however, that this protection already “comes in the form of regular elections and a representative's accountability to his constituents.” Thus, if Kagan would continue Stevens’ “fondness for legislating from the bench,” then the nomination hearings should focus on ensuring that political freedom is not abridged by exorbitant judicial power.
To read the entire article, please click here: http://www.washingtontimes.com/news/2010/jun/28/put-nominee-on-the-stevens-hot-seat/
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