Narrow scope of judicial power was the reason that people accepted the idea that the federal courts could have the power of judicial review; that is, the ability to decide whether a challenged law comports with the Constitution.
When Ruth Bader Ginsburg came in front of the Senate and was approved 96-3 to be on the Supreme Court to replace conservative justice Byron White. This is in 1993.Now, Justice Ginsburg, it was noted earlier, was a general counsel for the ACLU, certainly a liberal group. It was abundantly clear during the confirmation hearing that Ginsburg would swing the balance of the court to the left.But because President [Bill] Clinton won the election and because Justice Ginsburg clearly had the intellectual ability and integrity to serve on the court, she was confirmed.
History has shown that Justice Ruth Bader Ginsburg did, in fact, dramatically change the balance of the court in many critical areas, such as abortion, the privacy debate expansion and child pornography.
Among the most famous of these Supreme Court cases of exercise of political power I believe are the cases of Roe V. Wade and Doe v. Bolton, two 1973 cases based on false statements which created a constitutional right to abortion.
And you can claim whatever you want to of being pro-life or pro- choice, but the right to a abortion is not in the Constitution. The court created it. It created a constitutional right. And these decisions removed a fully appropriate political judgment from the people of the several states and has led to many adverse consequences.
