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Exceptional Law

© Keith Knight

I’m waiting for a definition of “activist judge” that isn’t just “does things I don’t like”.



  1. ThatGuy wrote:

    You’ll be waiting a while.

    Tuesday, April 10, 2012 at 10:07 am | Permalink
  2. Arthanyel wrote:

    An activist judge is one that uses their rulings to CREATE law instead of just adjudicating it. Theoretically all a judge is supposed to do to is rule based on existing law, and define how existing law extends to cover unanticipated situations – like, for example, can the Commerce Clause of the Constitution be used to require citizens to purchase a private product.

    That said, it is extremely rare for any judge to try and create law, and usually they get struck down anyway. So the working definition of activism is, as you suggest, doing something that someone doesn’t like.

    I am saddened that the Supreme Court has become so blatantly partisan. I believe this is the first time things have been so polarized, and it is just another indicator of how far we are allowing ourselves to fall.

    Tuesday, April 10, 2012 at 2:28 pm | Permalink