Bench Memos

A Note on a New Year of “This Day in Liberal Judicial Activism”

As my “This Day in Liberal Judicial Activism” series begins its fifth year,* I make these observations and requests:

1. I’m continually adding new entries—yes, bad judges are providing a lot of new material—so even if you’re a longtime regular reader, I encourage you to read the “This Day” entries. In addition, I hope that repeat entries serve the useful purpose of reminding you how brazen and ridiculous the so-called “living Constitution” enterprise often is and how many liberal follies continue to mar the legal landscape.

2. I invite readers to send me candidates for “This Day” entries. I’d particularly welcome instances of liberal judicial activism (see my definition of that term) from the lower federal courts and from state courts. So if you have examples, new or old, to provide about, say, your regional federal court of appeals or your state supreme court (or even from your own specialized area of the law), please send an e-mail to me at ewhelan@eppc.org and include the name and date (month, day, and year) of the decision or event, an online link or PDF of the ruling, and a brief description. 

3. As always, I welcome any corrections.

* More precisely, during its first two years, the series was “This Week in Liberal Judicial Activism.”

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