Judicial Activism

Loving v. Virginia was a unanimous Supreme Court decision that declared state anti-miscegenation (interracial marriage) laws unconstitutional. It is simply not credible for any lawyer to claim ignorance about it.

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.

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.

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 ...

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

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?

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

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.

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.

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...

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...

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...

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

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

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...

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.

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.

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.

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

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.

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.