Let me see if I have this straight: In Leahy’s view, a Supreme Court justice should invent rights that aren’t in the Constitution and ignore rights, and limitations on government power, that are in it. To do anything else would be “activist”.
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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