So Senator Cornyn has been asking us to consider whether there may be some “cause-and-effect” relationship between “judicial activism”– judges making “political” decisions — and violence against judges. Here’s one recent story. And some commentary.
Here’s another cause-and-effect to consider: Conservative activist judges struck down an act of Congress called the Violence Against Women Act in 2000 (See U.S. v. Morrison). Do you think women, frustrated by their inability to sue men civilly for their abuse, now fight back with violence?
A similar conversation is going on at Dissemination.
Posted by Ethan Leib on April 8, 2005 at 09:34 AM
Comments
Fair enough. But I think you get the point. And I suppose we’d need empirical evidence to answer the question about whether having additional fora to pursue a claim makes it more likely that an aggrieved party would pursue redress rather than resort to self help.
Posted by: Ethan Leib | Apr 8, 2005 12:08:55 PM
Women can “sue men civilly for their abuse” – they just have to do it in state court. Is there an issue with state courthouse doors being locked shut for women personal injury victims that I am unaware of?
I can’t sue my neighbor in federal court (absent some law school hypothetical of diversity)if he comes over and punches me in the mouth. Does that mean I therefore have no legal recourse against him?
Not every issue is a federal issue.
Posted by: MJ | Apr 8, 2005 12:01:19 PM