Yesterday’s decision by the Ninth Circuit striking down California’s Proposition 8, which amended the California constitution to define marriage as a legal institution involving one man and one woman, has reignited the public debate about judicial activism. When courts weigh in on such controversial and political topics, it is necessary to stop to consider a larger question: What is the proper role of the courts? Explaining the appropriate interplay between the branches of government and the proper methods of interpretation that judges should employ when determining whether a law is …
