Kitty Felde |

Activist judges

Republican Senator John Cornyn of Texas is concerned about activist judges. At Elena Kagan's confirmation hearing to the US Supreme Court, he said those who call the Constitution a "living document" do so because judges change it when they want to. He cited a statement from the Supreme Court justice Kagan clerked for - Thurgood Marshall - who saw his role on the bench as doing what you think is right and let the law catch up. He promised questions on this topic during that part of the confirmation hearing.