Bench Memos

NRO’s home for judicial news and analysis.

Senator Ted ‘Straw Man’ Kaufman


He refers to the Citizens United case as having put to rest the claim that judicial activism afflicts only one side of the political spectrum. Leaving aside his mischaracterization of that case, the fact is that I don’t know anyone who says that there is no such thing as judicial activism of the right. Robert Bork, for example, always stressed that turn-of-the-century cases like Lochner v. New York, which struck down a law limiting the number of hours that bakery employees could work, were archetypal instances of judicial activism.


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