Would you prefer a passive judiciary?

Reason has published my column responding to the hubbub surrounding Sen. Rand Paul’s remarks (and Cass Sunstein’s) about “judicial activism” and “judicial restraint.” Here’s a taste: Senator Rand Paul’s recent remarks about … ›

The discussion over judicial activism continues at Cato Unbound

Kermit Roosevelt, David Upham, Sandhya Bathija and I are still mixing it up on the subject of judicial activism and judicial restraint over at Cato Unbound. My latest post, “Rational … ›

Georgia Supreme Court goes out of its way to find that cronyism is specifically enshrined in the Georgia Constitution

Courts typically avoid ruling on constitutional issues unless it is necessary to decide a case. There are several reasons for this practice, not the least of which is that ruling … ›

O'Reilly right that Robert's opinion was an example of judicial restraint; wrong that we should forgive it for that reason

This week Fox News personality Bill O’Reilly rightly pointed out that Justice Robert’s opinion upholding the individual mandate under the taxing power could be construed as a conservative opinion.  However, Bill … ›

From activism to abdication: The Ninth Circuit upholds a law protecting ophthalmologists from legitimate competition.

Over the years, the Ninth Circuit has developed a reputation in some circles for Judicial Activism (i.e. substituting its opinion for that of the legislature in matters that are none … ›

There’s nothing activist about saying government must play by the rules.

Recently, bloggers and even the Texas Land Commissioner were decrying several Texas Supreme Court Justices for their “extreme activism” in ruling in favor of property owners in Severance v. Patterson. What … ›

President Obama shouldn’t pick a fight with the courts

Cato’s Ilya Shapiro and I have an article on Forbes.com about President Obama’s recent comments that “activist” judges shouldn’t strike down the Individual Mandate: Everyone disagrees with Supreme Court decisions … ›

Obama Administration letter brief on judicial review

Here is the letter brief that the Obama Administration was required to file in response to questions about the President’s comments regarding judicial review.

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Would you prefer a passive judiciary?

Reason has published my column responding to the hubbub surrounding Sen. Rand Paul’s remarks (and Cass Sunstein’s) about “judicial activism” and “judicial restraint.” Here’s a taste: Senator Rand Paul’s recent remarks about … ›

The discussion over judicial activism continues at Cato Unbound

Kermit Roosevelt, David Upham, Sandhya Bathija and I are still mixing it up on the subject of judicial activism and judicial restraint over at Cato Unbound. My latest post, “Rational … ›

Georgia Supreme Court goes out of its way to find that cronyism is specifically enshrined in the Georgia Constitution

Courts typically avoid ruling on constitutional issues unless it is necessary to decide a case. There are several reasons for this practice, not the least of which is that ruling … ›

O'Reilly right that Robert's opinion was an example of judicial restraint; wrong that we should forgive it for that reason

This week Fox News personality Bill O’Reilly rightly pointed out that Justice Robert’s opinion upholding the individual mandate under the taxing power could be construed as a conservative opinion.  However, Bill … ›

From activism to abdication: The Ninth Circuit upholds a law protecting ophthalmologists from legitimate competition.

Over the years, the Ninth Circuit has developed a reputation in some circles for Judicial Activism (i.e. substituting its opinion for that of the legislature in matters that are none … ›

There’s nothing activist about saying government must play by the rules.

Recently, bloggers and even the Texas Land Commissioner were decrying several Texas Supreme Court Justices for their “extreme activism” in ruling in favor of property owners in Severance v. Patterson. What … ›

President Obama shouldn’t pick a fight with the courts

Cato’s Ilya Shapiro and I have an article on Forbes.com about President Obama’s recent comments that “activist” judges shouldn’t strike down the Individual Mandate: Everyone disagrees with Supreme Court decisions … ›

Obama Administration letter brief on judicial review

Here is the letter brief that the Obama Administration was required to file in response to questions about the President’s comments regarding judicial review.

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Would you prefer a passive judiciary?

Reason has published my column responding to the hubbub surrounding Sen. Rand Paul’s remarks (and Cass Sunstein’s) about “judicial activism” and “judicial restraint.” Here’s a taste: Senator Rand Paul’s recent remarks about … ›

The discussion over judicial activism continues at Cato Unbound

Kermit Roosevelt, David Upham, Sandhya Bathija and I are still mixing it up on the subject of judicial activism and judicial restraint over at Cato Unbound. My latest post, “Rational … ›

Georgia Supreme Court goes out of its way to find that cronyism is specifically enshrined in the Georgia Constitution

Courts typically avoid ruling on constitutional issues unless it is necessary to decide a case. There are several reasons for this practice, not the least of which is that ruling … ›

O'Reilly right that Robert's opinion was an example of judicial restraint; wrong that we should forgive it for that reason

This week Fox News personality Bill O’Reilly rightly pointed out that Justice Robert’s opinion upholding the individual mandate under the taxing power could be construed as a conservative opinion.  However, Bill … ›

From activism to abdication: The Ninth Circuit upholds a law protecting ophthalmologists from legitimate competition.

Over the years, the Ninth Circuit has developed a reputation in some circles for Judicial Activism (i.e. substituting its opinion for that of the legislature in matters that are none … ›

There’s nothing activist about saying government must play by the rules.

Recently, bloggers and even the Texas Land Commissioner were decrying several Texas Supreme Court Justices for their “extreme activism” in ruling in favor of property owners in Severance v. Patterson. What … ›

President Obama shouldn’t pick a fight with the courts

Cato’s Ilya Shapiro and I have an article on Forbes.com about President Obama’s recent comments that “activist” judges shouldn’t strike down the Individual Mandate: Everyone disagrees with Supreme Court decisions … ›

Obama Administration letter brief on judicial review

Here is the letter brief that the Obama Administration was required to file in response to questions about the President’s comments regarding judicial review.

Would you prefer a passive judiciary?

Reason has published my column responding to the hubbub surrounding Sen. Rand Paul’s remarks (and Cass Sunstein’s) about “judicial activism” and “judicial restraint.” Here’s a taste: Senator Rand Paul’s recent remarks about … ›

The discussion over judicial activism continues at Cato Unbound

Kermit Roosevelt, David Upham, Sandhya Bathija and I are still mixing it up on the subject of judicial activism and judicial restraint over at Cato Unbound. My latest post, “Rational … ›

Georgia Supreme Court goes out of its way to find that cronyism is specifically enshrined in the Georgia Constitution

Courts typically avoid ruling on constitutional issues unless it is necessary to decide a case. There are several reasons for this practice, not the least of which is that ruling … ›

O'Reilly right that Robert's opinion was an example of judicial restraint; wrong that we should forgive it for that reason

This week Fox News personality Bill O’Reilly rightly pointed out that Justice Robert’s opinion upholding the individual mandate under the taxing power could be construed as a conservative opinion.  However, Bill … ›

From activism to abdication: The Ninth Circuit upholds a law protecting ophthalmologists from legitimate competition.

Over the years, the Ninth Circuit has developed a reputation in some circles for Judicial Activism (i.e. substituting its opinion for that of the legislature in matters that are none … ›

There’s nothing activist about saying government must play by the rules.

Recently, bloggers and even the Texas Land Commissioner were decrying several Texas Supreme Court Justices for their “extreme activism” in ruling in favor of property owners in Severance v. Patterson. What … ›

President Obama shouldn’t pick a fight with the courts

Cato’s Ilya Shapiro and I have an article on Forbes.com about President Obama’s recent comments that “activist” judges shouldn’t strike down the Individual Mandate: Everyone disagrees with Supreme Court decisions … ›

Obama Administration letter brief on judicial review

Here is the letter brief that the Obama Administration was required to file in response to questions about the President’s comments regarding judicial review.