Friday, July 29, 2005

Judicial activism? What judicial activism?

The leftists, liberals, socialists, communists, one-worlders, et. al., frequently deny that judicial activism exists. Judges deny it exists. Newspaper editorial boards deny it exists. Then we have this (Hat tip to Michelle Malkin):

Ahmed Ressam, the Algerian who sought to explode a Millennium Eve bomb at Los Angeles International Airport was sentenced to 22 years in prison today in U.S. District Court.
22 years. For a serious attempt to kill hundreds of people in an act of terrorism. On America's soil. What judge would give such a sentence? Judge John Coughenour, that's who.

Coughenour said this trial shows that the justice system in this country works.

"All of this occurred in the sunlight of a public trial," Coughenour said. "There were no secret proceedings, no indefinite detention, no denial of counsel."

"The tragedy of September 11th shook our sense of security. . . Unfortunately some believe that this threat renders our Constitution obsolete, " he said.
Could he be referring to the present administration? Do these comments belong at a sentencing hearing? Does the judge leave any doubt on which side his sympathies lie? This is prima facia evidence of judicial activism - the bench is not a bully pulpit. Judge, know your role and stick to it.

The hearing was marked by sharply different views on how to mete out justice for the would-be bomber. Prosecutors stressed that Ressam had gone back on an early pledge to cooperate and deserved a 35-year sentence.

Defense attorneys asked for less than 20 years.
Rambix would suggest that even the prosecution in this case is light on their request. Although Rambix is not a proponent of the death penalty (preferring a sentence life at hard labor in its place), the threat of terrorist attacks is real, immediate, and not diminishing. The terrorists don't care if they die, but they must respect a strong and unified response to their evil. For national security reasons, Rambix would not be opposed to sentencing actual or would-be terrorists to execution, which should be carried to conclusion swiftly.

Judges like Mr. Coughenour are a danger to our society. He claims to support and defend the Constitution of the United States, but he doesn't defend the United States itself. Extraordinary times calls for extraordinary measures, and we need judges who can draw the distinction.