Opposing "judicial activism" is one of the rallying cries of the American right. Initially this was simply a cover for racism, as the most salient examples of "judicial activism" were Brown vs. Board of Education and other decisions by the Warren Supreme Court overturning American apartheid. Over time, however, the term began to cover a larger protest against attempts to extend the rule of law to the disadvantage of the powerful.
Not until the Bush administration, however, was this political code word integrated into the National Security Doctrine of the United States. Scott Horton of Harper's, writing on "Bush's War on the Rule of Law" describes how the attack on judicial activism entered national security doctrine through the concept of "lawfare":
This could serve as a cogent summary of the doctrine presented by President Musharraf. Unlike Bush, Musharraf at least had the decency to announce to the whole world that he was placing the constitution "in abeyance" and arrogating all power to his sole person. The Bush administration prefers to promulgate shadowy memoranda, signing statements, and Humpty-Dumpty like amendments to the meaning of common words. Since the courts are instruments of terrorists (and can even be used to demoralize the security forces!) counter-terrorism logically requires the abolition of the rule of law.
Gee, now I understand! As long as they don't come kill me in my bed...
'Logic' in some demented parallel universe maybe, like the one Bushworld is in.
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