Lincoln, in contrast, viewed
judicial activism as illegitimate, judicial precedent as problematic, and judicial supremacy as despotic.
Not exact matches
If I were the president, I would take the partisan
judicial activism masquerading
as constitutional principle route, no matter what the Court decides.
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.
Over at No Left Turns, Peter Lawler reminds us that part of the problem with an unrestrained
judicial activism is precisely its championing of the ever expanding rights of the Lockean individual — the essential premise of Texas v. Lawrence is that the word «liberty»
as used in the Fourteenth Amendment is an indeterminate concept meant to be expanded indefinitely by the Supreme Court.
Before former President George W. Bush nominated him to the 10th Circuit Court, Gorsuch wrote and spoke against «
judicial activism» and the perceived tendency of liberal - leaning judges to reinterpret longstanding laws
as they saw appropriate.
The endorsement touts Long's recent work
as a
judicial activist promoting conservative appointments to the federal court, but says her «pro-life
activism began on Capitol Hill,» where she served
as press secretary to two pro-life senators, and says Long was subsequently inspired to pursue a law degree «to better defend pro-life principles,» and mentions she studied under professors like the late Victor Rosenblum and Mary Ann Glendon, two pro-life legal scholars.
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.
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.
The philosophy section covers topics such
as judicial activism, originalism, stare decisis and strict constructionism.
Joshua Rozenberg welcomes Sumption's latest speech
as indicative of his supportive stance on
judicial activism, particularly in the foreign policy sphere.
Are the CJEU's interventions in cases such
as Somali Pirates II and H v Council legitimate exercises of
judicial power or examples of
judicial overreach and
activism?
Reform notwithstanding, the horror stories continue, aided —
as Mike Cernovich at Crime & Federalism contends — by
judicial activism.
HCR 119 filed along with HJR 110 lists Obergefell and other cases recently decided by the U.S. Supreme Court
as «
judicial activism» and asks the U.S. House to investigate possible impeachment of the justices in those cases.
But she says that the brand of
judicial activism for which Warren is known preceded his tenure
as chief.
Another perfect example of our boat going off course: since when have we
as a society ever been concerned about
judicial activism?
The Bingham Centre makes the valid point that the fact that cases such
as Al Rawi (allegations of rendition and torture by the security services which resulted in a large civil settlement) have meant courts ordering more disclosure from the security services may be more a result of policy changes by the security services than of
judicial activism which needs to be reined in.
Often described
as a high - water mark of
judicial activism in Canada, the Vriend case involved an allegation that Alberta's provincial human rights legislation was too narrow, and therefore inconsistent with the Charter.