Sentences with phrase «for judicial activism»

The fact that the prosecution of the patent played such a prominent role in the infringement action and subsequent decision (albeit in obiter) suggests an area ripe for judicial activism, to, in some circumstances, «go behind» the issuance of a patent and defer back to Patent Office proceedings.
But whatever we think of the growing conservative enthusiasm for judicial activism, there is no mistaking its importance.
In a state known for judicial activism, and with the trial judge calling for more money for schools, the high court's February 15 ruling was rather stunning.

Not exact matches

Actually, the Heritage people, with good reason, are calling for more judicial activism or, maybe to be more precise, judicial assertiveness.
So the Supreme Court, when it practices judicial activism, undercuts democratic participation not only by substituting its own assertoric judgment for democratic deliberation, or by ignoring the plain letter of the constitution in favor of its own political inclinations, but also by understanding itself as a council of philosopher kings (versus really good lawyers) prudentially adjusting the fundamental nature of American democracy to fit the ever changing historical horizon that provides the context for its expression.
Rather than sharing the room with a large elephant while he discusses whether BP is overpaying for its spill, I would like to see Olson first defend the mess he made of democracy in California while sharing the stage with conservative luminaries who have yet to embrace judicial activism.
The key Obama quote: «I'd just remind conservative commentators that for years what we've heard is, the biggest problem on the bench was judicial activism or a lack of judicial restraint — that an unelected group of people would somehow overturn a duly constituted and passed....
«I just remind conservative commentators that for years we have heard the biggest problem on the bench was judicial activism or a lack of judicial restraint.
But they unwittingly laid the groundwork for it by giving the Supreme Court a constitutional amendment couched in terms so broad and undefined that it eventually became a vehicle for freewheeling judicial activism and thereby turned judicial review into a legislative power.
«Jim D * ke, a Republican consultant based in South Carolina and an adviser to Republican National Committee Chairman Michael Steele, called the nomination «an opportunity for the minority party to represent a majority of Americans who oppose judicial activism» but added that Republican would do well to wait until a nominee is chosen «before passing judgment lest they lose credibility with the American people.»
'' «an opportunity for the minority party to represent a majority of Americans who oppose judicial activism»»
Michael Steele, called the nomination «an opportunity for the minority party to represent a majority of Americans who oppose judicial activism» but added that Republican would do well to wait until a nominee is chosen «before passing judgment lest they lose credibility with the American people.»
Jim Dyke, a Republican consultant based in South Carolina and an adviser to Republican National Committee Chairman Michael Steele, called the nomination «an opportunity for the minority party to represent a majority of Americans who oppose judicial activism» but added that Republican would do well to wait until a nominee is chosen «before passing judgment lest they lose credibility with the American people.»
She was twice nominated to U.S. Court of Appeals for the District of Columbia Circuit, only to see her first nomination filibustered and her second sunk by charges of judicial activism by Senate Republicans over gun industry litigation during her time as solicitor general.
The report further sets out that, while the present state of activism is healthy, state pushback continues to threaten activists through violence and judicial harassment, with particular attention now being paid to bloggers and others using the internet for activism.
The problems raised by judges in these remedial proceedings call for thoughtful responses and nuanced solutions, rather than the cavalier rejection of «judicial activism» that Hanushek and Lindseth and other opponents of adequacy articulate.
If he were to run for president, Christie «would face some challenges among the more conservative circles of our party... concerned about issues like Common Core and judicial activism,» Bill Gustoff, a member of the Iowa Republican Party's state central committee, said this month as Christie campaigned in the state that hosts the nation's first presidential nominating contest.
So, on some controversial issues where something needs to be done, it may be that legislative indecision is starting to become a reason for increased judicial activism.
But she says that the brand of judicial activism for which Warren is known preceded his tenure as chief.
But it isn't good politics for her to trumpet a liberal transformation of the court when she's trying to win over the median voter, who may well be skeptical of more judicial activism.
He condemns judicial activism that introduces flexibility into the Constitution to allow for changing times and values.
He challenges the notion that judicial activism is unprincipled, and he provides a vocabulary and historical context for defending progressive decisions.
Nobody expected the controversy to result in calls for the resignation of McLachlin, with critics citing bias and judicial activism.
On the way back burner of my cluttered mind, I have the thought that it might be useful at some point to write up a modal account of judicial activism, if for no other reason than to attempt some descriptive clarification.
Since the adoption in 1982 of the Charter of Rights and Freedoms, and political concerns about judicial activism, calls have been made for more transparency and input into these appointments beyond the constitutional minimum.
At Bench Memos, Ed Whelan addresses the parallel phenomenon, that of attacking the Roberts court for its supposed judicial activism.
And that Sept. 25 address in San Francisco by the chief justice was indeed a major one, coming at a time when the «Warren Court» was under a broad attack for «judicial activism» and «expansionism.»
The CanWest News Service article entitled Funding for minority groups to challenge federal laws under review reports that the program, first set up under former Prime Minister Pierre Trudeau, «has been the target of harsh criticism from social conservatives and critics of so - called judicial activism, who assert the initiative is a slush - fund for left - leaning groups to circumvent the will of elected legislators by challenging them in court».
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