Philadelphia Inquirer: Posted on Thu, Nov. 10, 2005

Too liberal advice

So I guess liberals such as The Inquirer Editorial Board just love civil strife ("Intelligent Design: Flunking science," Nov. 7). Why else would you encourage a judge to rule against the curriculum established by Dover's democratically elected school board?

Policy disputes that don't clearly violate laws belong in the democratic forum, where they can be debated and changed by the citizenry. Activist judges following the lead of the Supreme Court in Roe v. Wade only weaken our society by seizing power to which they are not entitled, and by taking controversial matters out of the hands of the electorate, which is the only place where compromises can be made on socially polarizing issues.

This is by now a worn and obvious tactic: Appeal to activist courts to win the fights you can't win democratically.

David Bookstaber