Judges Raise Conservative Hackles but Scholars Say Court Is Fulfilling Its Constitutional Duty

Daniel Sneider, writer of The Christian Science Monitor, The Christian Science Monitor

A spate of recent controversial court decisions is raising the ire of conservatives who charge that judicial activists are usurping the popular will.

But scholars and civil-rights lawyers say the courts are playing their long-standing, and well-precedented, role of guardian of constitutionally-protected rights.

The two most recent cases in point: The decision last week by a federal judge in San Francisco temporarily halting implementation of Proposition 209, a California ballot measure passed in November that would potentially bar programs that give preference to women and minorities. The other was Tuesday's ruling by a circuit court judge in Hawaii that a state …

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Publication information: Article title: Judges Raise Conservative Hackles but Scholars Say Court Is Fulfilling Its Constitutional Duty. Contributors: Daniel Sneider, writer of The Christian Science Monitor - Author. Newspaper title: The Christian Science Monitor. Publication date: December 6, 1996. Page number: 3. © 2009 The Christian Science Publishing Society. Provided by ProQuest LLC. All Rights Reserved.

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