"A vote for Bob Menendez is a vote for judicial activism," Curt Levey describes in his latest article on National Review Online. Mr. Menendez has had a long history of support for activist judges, most recently manifesting in his embrace of the recent New Jersey Supreme Court ruling legalizing same-sex marriage.

Mr. Levey highlights a New Jersey electorate that, while supportive of gay marriage, is increasingly wary of judicial activism. For example, in the case of Lewis v. Harris, the New Jersey justices "discovered" a right to same-sex marriage that had "heretofore lain undiscovered in the state constitution for more than 160 years," in the words of Mr. Levey. More importantly, the right to create, regulate, or oppose such an institution was removed completely from the hands of the people's representatives.

The crux of Mr. Levey's argument, however, is not centered on the recent NJ Supreme Court decision. Rather, it is to expose a long record of support by Mr. Menendez for judicial overreach. Examples include:

• "He pledged to 'use support for abortion rights as a litmus test for Supreme Court nominees.' Both pro-choice and pro-life voters should be concerned with this statement, because it telegraphs Menendez's preference for judges who behave like politicians, promising certain results instead of following where the law leads them."
• "Voters will also weigh the cold shoulder that Bob Menendez gave to West Caldwell resident Samuel Alito when he was nominated to the U.S. Supreme Court last year. New Jerseyans were proud of their hometown boy, but Menendez tried to deny Alito a vote in the Senate by supporting a filibuster. When that failed, Menendez voted to reject Alito's nomination. Do New Jerseyans want a senator who puts partisan politics above both loyalty to the state and the principle of a fair up or down vote?"
• "Menendez's campaign commercials label Alito and John Roberts -- both of whom Kean says he would have voted to confirm -- as "anti-choice Supreme Court justices." In fact, both men were nominated by the president and confirmed by the Senate because they are the antithesis of activist judges. Both have pledged to keep an open mind on abortion issues. But to senators like Menendez who are looking for judges who promise guaranteed outcomes, an open mind is a bad thing."

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