Bench Memos

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The Myth of the Myth of Judicial Activism


The new Weekly Standard book review (subscriber-only access, for now) of mine that Matt kindly mentioned is of Kermit Roosevelt III’s The Myth of Judicial Activism.  An excerpt:

[Roosevelt is] animated by an admirable sympathy for the difficult job that judges have, but that sympathy is not balanced by an equal regard for the role of America’s citizens. Roosevelt condemns “loose talk of judicial activism” as “poisonous stuff,” and it is certainly true that the “judicial activism” label is frequently misused by some on the left and right to signal political dissatisfaction with results in particular cases. But the narcotic that Roosevelt would administer to the body politic is far more lethal.  

Tags: Whelan


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