TODD NOTICES ‘LEGISLATING FROM THE BENCH’…. The standard conservative critique of judges and/or rulings they don’t like is that they see evidence of “legislating from the bench.” Most of the time the criticism doesn’t apply, and doesn’t even make sense, but it’s more reflexive than anything else. (What do you call a judicial nominee you don’t like? A “judicial activist.”)
It was refreshing, then, to see NBC News’ Chuck Todd note this morning that the five conservative members of the Supreme Court engaged in some legislating from the bench in yesterday’s Ricci ruling.
Pay particular attention to Joe Scarborough’s reaction. He not only acts as if the very idea is inexplicable, but suggests Todd is going into too much detail.