It is a rare day when I agree with Fox News, let along credit them with coming up with a good point, but Fox News reporter Steve Brown today accused Norm Coleman of judicial activism in his court case trying to overturn the election of Al Franken to the Senate:
The five justices, five of seven — two recused themselves on the Minnesota Supreme Court — were very aggressive with their questioning on both sides as to the merits of their particular case. It basically comes down to the term, and it wasn’t used in court today but I’m going to use it, judicial activism. That is exactly what it is that Norm Coleman’s camp seems to want from the Minnesota Supreme Court. He wants the Supreme Court in this state to send it back to that three-judge panel and make them look at some ballots that they would not take a look at, based on standards, very liberal standards if you will, of how absentee ballots were counted in Minneapolis and other metropolitan areas.
I’m sure this won’t stop conservatives from accusing Sotomayor of being a an activist judge.