Forbidden language?


Massachusetts Supreme Court Chief Justice Margaret Marshall, who led her court to find a "right" to homosexual marriage previously undiscovered in centuries of Bay State jurisprudence, has averred that she finds the very term "judicial activism" to constitute "intimidation."

''I worry when people of influence use vague, loaded terms like 'judicial activism' to skew public debate or to intimidate judges," Marshall said. ''I worry when judicial independence is seen as a problem to be solved and not a value to be cherished."

Intimidation can be a crime, so perhaps we can look forward to as judicial decision banning its use. It would be no more of a strewtch than her finding on homosexual marriage.

Even the liberal Boston Globe apparently found Justice Marshall's position a bit much. The headline included the following scare quotes:

"SJC chief decries 'attacks' on judges"

Thomas Lifson   5 23 05