In August, Justice Ginsburg made news with her criticism of the Supreme Court:
If it’s measured in terms of readiness to overturn legislation, this is one of the most activist courts in history…. This court has overturned more legislation, I think, than any other.
As I discussed in my original post on Ginsburg’s claim, I don’t think that her neutered definition of judicial activism is sound, nor do I think that Ginsburg can be taken seriously as a proponent of judicial restraint. That said, it’s good to have the record straightened out on how often the so-called “Roberts Court” strikes down legislation.
I say so-called because I think that the convention of naming the Court after the reigning Chief Justice often obscures more than it enlightens. Given the decisive role that Justice Kennedy plays in so many 5-4 ideological divides (with the Obamacare case as a major exception), it would be far more accurate to think of the Court as the Kennedy Court.