ConfirmThem

By DanCT Posted in Fillibuster — Comments () / Email this page » / Leave a comment »

Remember then-Justice Alberto Gonzales's "unconscionable" comment about judicial activism in the Texas parental consent case? It looks like he and a majority of the Texas Supreme Court may have been the real judicial activists. After being accused of judicial activism, the majority issued a challenge to the legislature:

If the Legislature, as a body, agrees with amici that we misunderstood their intent, it is the Legislature’s prerogative to amend the statute to give us different guidance.

Well....The Texas legislature has now taken up the challenge. According to Texas Alliance for Life director Joe Pojman, the State House has passed a new bill "to help ensure parents have a greater role." He says the judicial bypass process has become a judicial rubberstamp for bypassing parental notification. That rubberstamping is precisely what the dissenters in the "unconscionable" decision were so upset about because, unlike Gonzales and the court's majority, they understood that the elected branches intended for their law to have a greater effect.

UPDATE: Power Line revisits the "unconscionable" issue here.