As the confirmation hearings for Supreme Court nominee Brett Kavanaugh approach, many wonder whether he'll adhere closely to "stare decisis." If he does, will he be?:
A. Glaring resolutely at anyone who comes before the court
B. Acquiring a rare skin disease
C. Sticking to the velcro-covered court mascot named "Stare Decisis," who traditionally embraces a new judge during the court's gag initiation ritual
D. Respecting the principles laid down in previous judicial decisions
Answer: D "Stare decisis" (STAIR-ee dih-SIGH-sis) means "to stand by that which is decided." (If you picked C, I'm inviting you to my Halloween party.)
Let's examine some other court-related terms that are likely to surface during the upcoming hearings.
— Ginsburg Rule: As if acquiring the super cool nickname "The Notorious R.B.G." weren't enough, Associate Justice Ruth Bader Ginsburg now has a rule named for her.
During her Senate confirmation hearings in 1993, Ginsburg studiously avoided making predictions or previews of how she might rule on controversial issues likely to come before the court.
Seizing on her demurrals, politicians coined the terms "Ginsburg Rule" and "Ginsburg Precedent" to justify court nominees' refusals to speculate about their views during confirmation hearings.
— Originalism: This legal philosophy proposes that the words of the U.S. Constitution should be interpreted as they were understood at the time they were written. Among its most prominent proponents are Clarence Thomas, Neil Gorsuch and Rip Van Winkle.
In the view of originalists, anyone who suggests that the Constitution is a living document that can be stretched to fit the needs of the times is a loosey-goosey gander, dagnabbit!
— Judicial Activism: In the court's early days, "judicial activism" referred to a justice's busting a gangsta move during a sedate minuet. But today it's a derogatory term for court rulings that are based partly or fully on a judge's personal or political preferences rather than on existing laws or precedents.
Partisans of all stripes have denounced "judicial activism" since Arthur Schlesinger Jr. first coined the term in 1947, but in recent years it's become a bete noire of conservatives.
The opposite of judicial activism is judicial restraint: sticking to established precedent and laws. This attribute is praised almost universally, except when it too is used to promote a political agenda.
Then it's called "scary decisis."
Rob Kyff, a teacher and writer in West Hartford, Conn., invites your language sightings. Send your reports of misuse and abuse, as well as examples of good writing, via email to Wordguy@aol.com or by regular mail to Rob Kyff, Creators Syndicate, 737 3rd Street, Hermosa Beach, CA 90254.
View Comments