Ted Cruz brought it up, so I’ll continue running with it.
The freshman U.S. senator from Texas accused the U.S. Supreme Court of engaging in “judicial activism” when it refused to review state cases relating to same-sex marriage. Activism? Hardly. Restraint? That’s more like it.
The Republican’s silly assertion brought to mind a conversation I had in 2009 with a true-blue judicial activist, who was damn proud of his role in correcting mistakes the legislative body in his country makes on occasion.
Meet Salim Joubran, a member of the Israeli supreme court. I made his acquaintance in June 2009 while traveling through Israel with four other West Texans as part of a Rotary International Group Study Exchange. Our group met him in Jerusalem.
Judge Joubran was unapologetic about his activist nature.
His take on the court’s role in Israel is that judges have to correct mistakes that the Knesset — the Israeli parliament — makes in enacting certain laws. “We are respectful of the Knesset,” he said, “but the court’s activism is necessary.”
Joubran said that Israel doesn’t have a constitution. National law, therefore, makes it “virtually imperative that judges correct mistakes in laws approved by the Knesset,” I wrote after visiting with Joubran.
We’re proud in this country of our judicial system. I know I am. It works well most of the time. I’m not going to advocate for the form of judicial activism that Salim Joubran practices while interpreting Israeli law.
But I’m going to draw a conclusion about how some American politicians define the term “judicial activism.” It’s usually used as a pejorative by conservative pols who take issue with what they see as “liberal” court rulings.
Fine. However, conservative judges can be activists, too. I’ve already cited the Citizens United ruling in 2010 as an example of conservative judicial activism.
I cannot recall five years after meeting with Judge Joubran whether he’d be considered a liberal or conservative judge. He’s an activist — and proud of it.
I found it refreshing and, frankly, courageous.
If only more judges in this country stood up for their own activism and were willing to defend it in front of anyone who challenged them.