Disactivated judge

Even the "its" and "thes" in this statement are bullshit.

Bush, after weeks of insisting he did not want Miers to withdraw, blamed the Senate for her demise.

"It is clear that senators would not be satisfied until they gained access to internal documents concerning advice provided during her tenure at the White House — disclosures that would undermine a president's ability to receive candid counsel," the president said shortly before leaving for Florida to assess hurricane damage.

Justice Dobson, anyone?

Meanwhile, I came across an interesting factoid in Jeffrey Toobin's New Yorker article on Justice Breyer.

In drafting the campaign-finance legislation, Congress had weighed the need for fair elections against the right to free speech, and fashioned a compromise. Paying deference to legislative judgments is a touchstone of Breyer’s philosophy. “The need to make room for democratic decision-making argues for judicial modesty in constitutional decision-making, a form of judicial restraint,” he writes. Neal Katyal, a professor at Georgetown University Law Center, who clerked for Breyer in the mid-nineties, says, “Every single day you spend with him, you hear about how the courts should trust the political branches. He trusts Congress a lot more than the left did in the sixties and seventies, and a lot more than the right does today.” Indeed, according to an analysis by Paul Gewirtz, a professor at Yale Law School, and his student Chad Golder, of Supreme Court decisions between 1994 and 2005 addressing the constitutionality of sixty-four congressional provisions, Breyer voted to strike down laws twenty-eight per cent of the time—less often than any other Justice. Clarence Thomas voted to overrule Congress sixty-six per cent of the time, more than any other Justice. [emphasis 'R us]

So, Bush's favorite porn fan...er...justice, struck down two-thirds of provisions voted upon by an elected Congress. Tell me again the definition of "activist judges."