Democrats are threatening to shut down the Senate if Frist goes forward with the nuclear option and Bush's nominees get to the floor for a vote. Republicans have employed similar tactics in the past with stalling judicial nominees, so I am not pointing the finger at democrats as the only guilty parties.

My question is what are the democrats so afraid of? Conservatives fear judges who will enshrine liberal ideals into the constitution through expansive readings of the Constitution (liberal judicial activism). If we look at where the right of privacy and substantive due process have taken us over the past 40 years, it is understandable how they might have this fear.

Question for debate:

(1) Are you fearful of Bush's judicial nominees?

(2) On what do you base this fear? Can you point to examples of conservative judicial activism?

(3) Can you identify examples of liberal judicial activism?