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"Activism Is in the Eye of the Ideologist"



A New York Times op-ed performs the following sleight-of-hand:

1) Note that conservatives complain about judicial activism.
2) Note a study that redefines "judicial activism" as "striking down federal laws," or "striking down previous precedents," though these are concepts orthogonal to judicial activism and to the judicial restraint that conservatives are talking about.
3) Note that judicial conservatives are more likely to commit this redefined "judicial activism" than judicial liberals.
4) Accuse conservatives of being hypocrites.

Don't buy the hype.

Update: Phil Wallach reminds me to tell you that this isn't the first time the Times and liberal academics have tried this tack.

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.