Franken: Judicial restraint seems missing

WASHINGTON, July 13 (UPI) -- Sen. Al Franken, D-Minn., didn't crack a joke as he spoke of the impact of the U.S. Supreme Court during the confirmation hearing for nominee Sonia Sotomayor.

"I may not be a lawyer," the nation's newest and 100th senator said Monday, "but neither are the overwhelming majority of Americans. Yet all of us, regardless of our backgrounds and professions, have a huge stake in who sits on the Supreme Court, and we are profoundly affected by its decisions."

He said he has thought about the impact the Supreme Court has on American lives "and I believe that the rights of Americans, as citizens and voters are facing challenges on two separate fronts. "

"First, I believe that the position of Congress, with respect to the courts and the executive, is in jeopardy," he said, adding, "I am wary of judicial activism, and I believe in judicial restraint."

"Except under the most exceptional circumstances, the judicial branch is designed to show deep deference to the Congress and not make policy by itself," he said.

Recent decisions, Franken said, indicated deference "may not have been shown in the past few years" and "judicial activism is on the rise ... ."

He also expressed concern that "Americans are facing new barriers to defending their individual rights."

The Supreme Court is the last place "where an individual is promised a level playing field and can seek to right a wrong," he said, yet decisions made in "the past decade have made it a little bit harder for American citizens to defend themselves."