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    Judicial Activism: Trading the Stable Rule of Law for the Fickle Rule of Men

    Last week, the Supreme Court of the United States announced that it would bar most forms of protest on the marble plaza in front of the court, as well as other surrounding areas on the court’s grounds, in part to protect “the appearance of the court as a body not … More

    Morning Bell: Make Your Voice Heard for Marriage

    Marriage is the fundamental building block of all human civilization. All Americans, especially conservatives, should respect this crucial institution of civil society. This is why 41 states and the federal government affirm that marriage is between a man and a woman. But these laws are on the line. Next week, … More

    Senator Orrin Hatch on Robert Bork's Legacy and Role of the Supreme Court

    Everyone ascending the steps of the National Archives building sees these words chiseled in stone: “Eternal Vigilance is the Price of Liberty.” No one was more vigilant than Judge Robert Bork, who passed away in December, in courageously defending principles that make our liberty possible. In 1968, then a Yale … More

    A Victory Against Judicial Activism

    A recent decision by the federal district court for the District of Columbia highlights the importance of proper statutory interpretation and fidelity to the text of laws. Judicial activism comes in a variety of forms and is certainly not limited to the act of striking down a law, as some … More

    Holmes: Can We Govern Ourselves?

    As The Heritage Foundation’s Kim Holmes asks in The Washington Times, is our capacity to govern ourselves disappearing? Today, the political process is jeered at as an exercise in futility—an endless, heated tangle of competing forces akin to Beltway traffic. Still, the genius (and threat) of government is that it … More

    Morning Bell: The Next President and the Supreme Court

    Every vote counts. And this year, it could count double. One vote could decide both the immediate election and the course of constitutional law for decades to come. Just ask the senior federal officials responsible for our security immediately after 9/11 who were sued years later by Javaid Iqbal. During … More

    Obama Jumps the Shark, Takes One Leap Too Far

    This week, President Barack Obama lashed out at the Supreme Court, slamming it as an “unelected group of people” who will have turned to “judicial activism or a lack of judicial restraint” if they strike down Obamacare. In other words, he was implying that the Court does not have the authority to … More

    Dear Liberals, Originalism Is Not Activism

    Obamacare’s day in court didn’t go so well, and liberals are in a panic. Sensing the demise of Obamacare, they have begun to preemptively accuse the conservative justices of “judicial activism.” But the more they try to explain how striking down Obamacare would be “judicial activism,” the clearer it is … More

    Judging Marriage: What Is the Proper Role of the Courts?

    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 … More

    The Iowa Judicial Retention Vote: An “In-State” Interest in Marriage

    In a statement that is as unseemly as the example of judicial activism that gave rise to their removal from office, three former Iowa Supreme Court justices are blaming “out-of-state interests” for their loss on Election Day. The evidence seems clear that the three judges who were not retained by … More