Cato Unbound, an online journal of the Cato Institute, kindly invited me to be one of the respondents to Evan Bernick’s “case for judicial engagement.” In “Let’s Break Off the Engagement,” I present several objections to Bernick’s case and conclude:
In the end, is judicial engagement anything more than camouflage for libertarian judicial activism—an effort to smuggle in the back door what can’t be formally established by straightforward and persuasive arguments about original meaning? Count me extremely skeptical.
Law professors David A. Strauss and Barry P. McDonald weigh in with their own responses—Strauss here, McDonald here—which I broadly agree with.