Bench Memos

More on Justice Ginsburg and ‘Judicial Activism’

I have two posts making additional points about Adam Liptak’s interview with with Justice Ginsburg. First, not only is the Roberts Court not particlarly “activist” under Justice Ginsburg’s definition, it’s arguably less “activist” than Ginsburg would like.  Second, as the interview notes, progressives celebrate methodical incremental changes in a leftward direction, but warn of a sinister “long game” when the Court’s trajectory tilts the other way.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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