L’activisme judiciaire contre la politique
Un autre auteur américain de gauche qui formule des propositions pour reconstruire le parti démocrate, Paul Starr dans le New York Times, souligne le danger de préférer gagner devant le juge plutôt que devant le peuple (un thème qui m’est cher):
Liberal Democrats, in particular, have been inviting political oblivion–not by advocating the wrong causes, but by letting their political instincts atrophy and relying on the legal system.
To be sure, Democrats were right to challenge segregation and racism, support the revolution in women’s roles in society, to protect rights to abortion and to back the civil rights of gays. But a party can make only so many enemies before it loses the ability to do anything for the people who depend on it. For decades, many liberals thought they could ignore the elementary demand of politics — winning elections — because they could go to court to achieve these goals on constitutional grounds. The great thing about legal victories like Roe v. Wade is that you don’t have to compromise with your opponents, or even win over majority opinion. But that is also the trouble. An unreconciled losing side and unconvinced public may eventually change the judges.
Via James Taranto, Best of the Web.