Law

How Title IX Became an Ideological Battering Ram

The Boston Globe | Op-Ed | May 28, 2018 Do we really need to litigate every school dress code in federal court? The ACLU and the National Women’s Law Center think so. They argue that rules against inappropriate attire perpetuate “gender stereotypes” in violation...

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“Deciding whether democratically enacted statutes pass constitutional muster is what we pay federal judges to do. This uncontroversial concept of “judicial review” is not the same as ‘judicial activism.’ Judicial activism refers to judicial rulings that are inappropriately based on politics rather than law, or rulings that create out of whole cloth new rights not mentioned in the Constitution. By deliberately conflating the concepts of ‘judicial review’ and ‘judicial activism’, politicians deliberately confuse the public and undermine the institutional legitimacy of the court for their own political purposes.”

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