Judicial Activism

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History Will Judge

Andrew Reinbach | Posted 11.11.2009 | Politics

Read More: Supreme Court, Judicial Activism, US Supreme Court, Mccain-Feingold, Federal Election Commission, Right-Wing Extremism, Federal Campaign Reform, Citizens United v. Federal Election Commission, Politics News

You have to wonder whether the Justices are in the service of powers determined to remake America to their advantage, or if they respect themselves and want to make good law.

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Al Franken and the Sotomayor Hearings: A Senate Star Is Born

Doug Kendall | Posted 08.30.2009 | Politics

Read More: Judicial Activism, Sonia Sotomayor, Al Franken, Supreme Court, Supreme Court Activism, Sotomayor Hearings, Chief Justice Roberts, Senator Al Franken, Politics News

While colleagues on both sides of the aisle were debating old stories about the Supreme Court of the 1960s and 1970s, Franken focused like a laser-beam on the activism of the Roberts Court.

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Franken Blasts Supreme Court During Sotomayor Vote

The Minnesota Independent | Posted 08.28.2009 | Politics

Read More: Sonia Sotomayor Supreme Court, Judicial Activism, Minnesota, Senate Judiciary Committee, Senator Franken, Sotomayor Vote, Sonia Sotomayor, Al Franken, Wise Latina, Supreme Court, Amy Klobuchar, John Roberts Court, Politics News

Al Franken spewed fire and Amy Klobuchar threw brimstone this morning at the Senate Judiciary Committee's vote on Sonia Sotomayor's nomination to the ...

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Do Conservatives Follow the Framers -- or the French?

Nicholas Stephanopoulos | Posted 08.24.2009 | Politics

Read More: Supreme Court, Judicial Activism, Conservatives, Courts, Reagan, Strict Constructionist, French Revoultion, Sonia Sotomayor, Politics News

It is no coincidence that American conservatives now sound like French revolutionaries when they talk about legal issues.

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Judging Sonia: In Defense of Judicial Activism and a Wise Latina

Arlene M. Roberts | Posted 08.17.2009 | Politics

Read More: Judicial Nomination, Judicial Review, Women Judges, Women Lawyers, Senate Judiciary Committee, Policy Making, Legislation, Law and Cultural Diversity, Sotomayor Hearings, Wise Latina, Judicial Nominee, Judicial Restraint, Judicial Authority, Policy Makers, Judicial Activism, Sonia Sotomayor, Sotomayor, Supreme Court Confirmation Hearings, Politics News

What is the role or expectation of a justice on the Supreme Court? An adherent of precedent? A policy maker? And just how did judicial activism garner such a tarnished reputation?

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Who's Afraid of the Big Bad Activist?

Monica Youn | Posted 08.16.2009 | Politics

Read More: Brennan Center, Sonia Sotomayor Supreme Court, Orrin Hatch, Judicial Activism, Second-Circuit-Court-of-Appeals, Sonia Sotomayor, Confirmation Hearings, Politics News

In all the hullabaloo about so-called "judicial activism," wouldn't it be refreshing to hear some questions about "judicial passivism" as well?

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Islands of Rights, Seas of Powers

Gershon Hepner | Posted 08.14.2009 | Politics

Read More: Tyannical Majorities, Supreme Court, Judicial Activism, Stephen Macedo, Randy Barnett, Bill of Rights, Seinfeld, Politics News

Randy Barnett thinks the Senate hearings on the confirmation to the Supreme Court of Judge Sonia Sotomayor will, like the "Seinfeld" show, be about nothing.

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Crying "Activist"

Jessica Loudis | Posted 08.13.2009 | Politics

Read More: Sonia Sotomayor Supreme Court, Supreme Court, Judicial Activism, David Souter, Barack Obama, Minorities, Sonia Sotomayor, Politics News

Perhaps the right questions aren't whether or not Sotomayor is an activist or if she's biased in favor of minorities, but rather, what kind of perspective she'll be bringing to the court.

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Lifelong Tenure

Gershon Hepner | Posted 08.09.2009 | Politics

Read More: Lifelong Tenure, Supreme Court, James MacGregor Burns, Judicial Activism, Progress, Politics News

Lifelong tenure of Supreme Court justices fights the progress of all history with laws, and yet we should not argue how unjust it is, because delay...

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Take the Whole Constitution Seriously: How to Restart a National Conversation on Federal Judges and Constitutional Meaning

Peter M. Shane | Posted 07.24.2009 | Politics

Read More: Supreme Court, Judicial Activism, American Constitution Society, Constitution, Judges, Sotomayor, Politics News

America's legal progressives are wondering how to re-engage the American public more generally in a serious discussion about the role of federal judge...

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Fox News Accuses Norm Coleman Of Judicial Activism

HuffingtonPost.com | Sam Stein | Posted 07.02.2009 | Politics

Read More: Judicial Activism, Minnesota Recount, Sotomayor Judicial Activism, Coleman Franken, Coleman Campaign, Coleman Judicial Activism, Norm Coleman, Politics News

On Monday, Fox News Reporter Steve Brown was asked to analyze just where the Minnesota Senate recount stood as both sides brought their cases before t...

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Friday Talking Points [79] -- Judicial Activism And Bias

Chris Weigant | Posted 06.29.2009 | Politics

Read More: Mark Nickolas, Supreme Court, White House, Autoworkers, Burris, Constitutional Crisis, Power Struggle, Founding Fathers, Detainee Deaths, Gingrich, President, War Crimes, Rnc, Courts, Princeton, Midotw, Nancy Pelosi, Sotomayor, Most Impressive Democrat of the Week, Pussy Galore, Un, Ralph Nader, Judicial Activism, Republican National Committee, Court, Twitter, Terry McAuliffe, Congress, Newt Gingrich, Barack Obama, Constitution, Mddotw, Rod Blagojevich, Sonia Sotomayor, Truth Commission, Youtube, Banks, Hillary Clinton, Uaw, Bonuses, Up or Down Vote, Michael Guest, Same Sex, Nader, President Obama, Moses Taylor Pyne Honor Prize, United Nations, Blaggy, Filibuster, Bankers, Obama, Scotus, Prejudice, Auschwitz, Blago, Republican, Government, Blagojevich, Lionel Sosa, Pelosi, Clinton, Activism, Federal Government, Bias, Most Disappointing Democrat of the Week, Defense of Marriage Act, Legislating From the Bench, Benefits, Gm, Pyne Prize, Roland Burris, Philip Alston, Gay, State Department, Checks and Balances, Mcauliffe, Chris Kelly, Secretary of State, Wall Street, Chris Weigant, Spousal Benefits, Nominee, Doma, Torture, Alston, Politics News

"Judicial activism" (or, alternatively, "legislating from the bench") is defined -- no matter what your political beliefs -- as "judges not ruling the...

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Bush v. Gore Rears Its Head (Part IV): A New Check on the Court to Defend the Rule of Law

Shahid Buttar | Posted 06.28.2009 | Politics

The false national consensus that national security should trump constitutional protections for liberty and privacy exemplifies such collusion today.

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Scalia, Alito Quotes Blunt Conservative Attacks On Sotomayor

HuffingtonPost.com | Jason Linkins | Posted 06.28.2009 | Politics

Read More: Supreme Court, Sonia Sotomayor Supreme Court, Judicial Activism, Barack Obama Sonia Sotomayor, Sonia Sotomayor, Antonin Scalia, Barack Obama, Politics News

What's odd about the body of opposition to Sonia Sotomayor is that it includes so many items that seem to have been previously deemed acceptable for S...

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Why the California Court's Decision Is Good for Gay Marriage

Aaron Zelinsky | Posted 06.26.2009 | Politics

Read More: Judicial Activism, Proposition 8, California, Strauss v. Horton, David Paterson, Progressive Agenda, Civil Rights Act of 1964, California Prop 8 Ruling, Repeal Don't Ask Don't Tell, Defense of Marriage Act, California-Supreme-Court-Gay-Marriage, Don't Ask Don't Tell, California Gay Marriage, Prop 8 Ballot Initiative, Ballot Initiatives, Gay Rights, New York Gay Marriage, Ban on Gay Marriages, Brown v. Board of Education, David Paterson Gay Marriage Bill, California Supreme Court Gay Marriage, Vermont Gay Marriage, California Supreme Court, Maine Gay Marriage, New Hampshire Gay Marriage, California Gay Marriage Ban, Vermont Gay Marriage Override, Gay Marriage, California Supreme Court Same Sex Marriage, California Proposition 8, Politics News

We should view the California court not as opposing gay marriage, but rather as promoting public deliberation and democratic action on the subject of equal rights.

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Prop 8 For Dummies: What to Expect During Thursday's Court Hearing

Emma Ruby-Sachs | Posted 04.02.2009 | Politics

Read More: Judicial Activism, Strauss v. Horton, Proposition 8, Constitutional Amendment to Ban Gay Marriage, Prop 8, No on Prop 8, Marriage Equality, California Gay Marriage, Marriage, Gay Rights, Ban on Gay Marriages, California Supreme Court, Equal Protection, Ken Starr, Constitution, Gay Marriage, Politics News

The single most important element of the Prop 8 supporter's argument is that the amendment represents the will of the majority of the California population.

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Judicial Activism: Playing with the Constitution

Wajahat Ali | Posted 10.13.2008 | Politics

Read More: Supreme Court, James Yee, Judicial Activism, 2nd Amendment, Supreme Court Guantanamo, Guantanamo Detainees, Roe vs. Wade, Guantanamo Bay, Constitution, Chemerinsky, War on Terror, Politics News

People care deeply whether women have the right to choose. For those who favor abortion rights, the central aspect is of a woman's reproductive freedom, and therefore her liberty.

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Judicial Partisanship Awards

Cass R. Sunstein | Posted 08.08.2008 | Politics

Read More: Supreme Court, Judicial Activism, Judges, Politics News

Who are the real activists on the U.S. Supreme Court? Do Republican appointees differ from Democratic appointees? How much? Are federal judges political?

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Bush v. Gore Rears Its Head: The Triumph of Politics Over Law (Part II)

Shahid Buttar | Posted 08.07.2008 | Politics

Despite the changing winds of politics, the expansion of the voting franchise has been one of our most consistent trends since the birth of the Republic.

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Conservatives Crying Wolf

Nicholas Stephanopoulos | Posted 05.28.2008 | Politics

Read More: Judicial Activism, Conservatives, California Supreme Court, Same-Sex Marriage, Politics News

Do conservatives disagree that California law recognizes a right to same-sex marriage? They've been so hasty to brand the ruling as "judicial activism" that they failed to argue that it was wrong.

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