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Reconceptualizing The Judicial Activism Debate As Judicial Responsibility: A Tale Of Two Justice Kennedys, Eric J. Segall Oct 2014

Reconceptualizing The Judicial Activism Debate As Judicial Responsibility: A Tale Of Two Justice Kennedys, Eric J. Segall

Eric J. Segall

The academic and political debate over judicial activism has been based on the overriding but patently false assumption that the Supreme Court’s performance can be measured by examining the results that it reaches in constitutional cases. When scholars and politicians equate judicial activism with judicial invalidation of the works of the political branches or the reversal of precedent, however, these commentators don’t reveal anything different than would a pure descriptive account of the Court’s decision and rationale. Moreover, the judicial activism debate is unhelpful because the ambiguous sources of constitutional interpretation cannot privilege fundamental baselines or generate consensus over correct …


Supreme Court Justices: The Case For Hanging It Up, Eric J. Segall Oct 2014

Supreme Court Justices: The Case For Hanging It Up, Eric J. Segall

Eric J. Segall

No abstract provided.


Health Care, Immigration, And Voting: The Supreme Court And Judicial Power, Eric J. Segall Oct 2014

Health Care, Immigration, And Voting: The Supreme Court And Judicial Power, Eric J. Segall

Eric J. Segall

No abstract provided.