Bench Memos

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Cato Institute Event on Bolick Book


Tomorrow (Tuesday, April 3) at noon, I will be taking part in a Cato Institute book forum on Clint Bolick’s forthcoming book, David’s Hammer:  The Case for an Activist Judiciary.  The event features Bolick, with comments from Jeffrey Rosen and me.  More information (including on watching or listening to the event live over the Internet) is available here.


I deeply admire Bolick, who has litigated with skill and tenacity for lots of good causes over the years.  His book, reflecting his intellect and energy, has lots of strong points.  The primary criticism that I will offer is that its core thesis, signaled in its subtitle, confuses judicial activism, properly defined, with judicial action (or judicial review).  Judges, in other words, should actively enforce the limits that are in the Constitution, but they should not engage in judicial activism.  The last thing that we need more of is an activist judiciary. 

Tags: Whelan


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