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Pastimes : The Boxing Ring Revived -- Ignore unavailable to you. Want to Upgrade?

To: TimF who wrote (6743)	7/9/2003 10:27:04 AM
From: Lane3	Read Replies (3) \| Respond to of 7720

I thought the the column on Justice O'Connor would resonate with you. The Post had an article earlier in the week about her and about how she represents where most people in the country are. I have very mixed feelings about her. She and I are much attuned politically--I tend to relate to where she comes down on the issues--but the way she gets there, politically rather than legally, it seems, bothers me a lot. So I tend to be happy with the ends but unhappy with the means. I don't think it would be judicial activism. Seems to me that what we call judicial activism is very much a function of whether or not we like the results, no matter how much we try to make fine distinctions. As for the substance if the issue, I would argue that affirmative action was Constitutional back when minorities were conspicuously denied equal justice. It is the job of the Court to protect the rights of the weakest among us whether society likes it or not. In today's context, though, where the equal justice violations are minor and fuzzy, I could no longer make an argument for affirmative action. Seems to me that color blindness is the best path to equal justice in today's environment. Much as I hate to agree with Krauthammer on anything, I agree that traumatic changes like outlawing all affirmative action are best eschewed by the Court. Of course, the Court wouldn't find itself in the position of dealing with such things in legislatures were more thoughtful in what they did.