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Activist is as activist does

Jonathan Adler, in National Review Online:

In case after case, [Priscilla] Owen's critics give almost no consideration whatsoever to the legal merits of her decisions, focusing instead on the end result. In each case, if a corporation is the winner, groups like Earthjustice and the Alliance for Justice assume Justice Owen got it wrong. Such an approach to judicial decision-making is utterly lawless and a recipe for true judicial activism as it elevates policy preferences above the law.

And Beldar (May 19) has a spirited defense of Owen's dissenting vote in a case seeking to affix negligent-hiring liability on the Kirby vacuum cleaner company over a rape committed by "its independent contractor's independent contractor", as Justice Nathan Hecht put it.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.