Law

“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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