Difference between revisions of "Activist judge"

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An '''activist judge''' is one who engages in [[judicial activism]], forsaking the proper role of the judiciary (i.e. decisions made in accordance with existing law and precedent) in favor of advancing a particular political or social agenda.   
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An '''activist judge''' is one who engages in [[judicial activism]], forsaking the proper role of the judiciary in favor of advancing a particular (typically liberal) political agenda.   
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==Conservative Activism==
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While some have decried the actions of conservative judges as "activism," these accusations are largely unwarranted.  Typically, rulings by conservative judges simply correct liberal activism.  In fact, by definition, a genuinely [[conservative]] judge will not engage in activism, as he will have a proper understanding of and respect for the role of the judiciary as envisioned by the [[Founding Fathers]].  By definition, then, any consistently activist judge is engaging in a [[liberal]] interpretation of this role.
  
 
==Sitting Activist Judges==
 
==Sitting Activist Judges==
While [[judicial activism]] is a pervasive problem, certain judges have gone beyond the pale in pushing an agenda on the American public. Notably, when judges (or Justices) have issued rulings that disagree with popular issues-du-jour (such as abortion, gun rights, and legislative issues relating to homosexuals), they are attacked by proponents of those on the losing end of the decision as being "activist". The legal system is designed to account for these decisions by allowing injured parties to appeal, allowing new petitioners to challenge the validity of the existing law or precedent, and allowing the legislature to amend existing law to account for the new precedent (or legislatively overrule it).
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While [[judicial activism]] is a pervasive problem, certain judges have gone beyond the pale in pushing a [[liberal agenda]] on the American public.
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*[[Stephen Breyer]]
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*[[Ruth Bader Ginsburg]]
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*[[John E. Jones III]]
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*[[David Souter]]
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*[[John Paul Stevens]]
  
 
[[Category:judges]]
 
[[Category:judges]]

Revision as of 17:14, 15 January 2009

An activist judge is one who engages in judicial activism, forsaking the proper role of the judiciary in favor of advancing a particular (typically liberal) political agenda.

Conservative Activism

While some have decried the actions of conservative judges as "activism," these accusations are largely unwarranted. Typically, rulings by conservative judges simply correct liberal activism. In fact, by definition, a genuinely conservative judge will not engage in activism, as he will have a proper understanding of and respect for the role of the judiciary as envisioned by the Founding Fathers. By definition, then, any consistently activist judge is engaging in a liberal interpretation of this role.

Sitting Activist Judges

While judicial activism is a pervasive problem, certain judges have gone beyond the pale in pushing a liberal agenda on the American public.