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  • judicial activism

    The ‘‘Right” to Vote of Felons and Noncitizens According to Activist Judges

    As we head into Election Day tomorrow, we should note that there were two decisions last week in federal courts of appeal that directly impact on the right to a secure and fair election, one good and one bad. In Johnson v. Tennessee, a three-judge panel of the U.S. Sixth … More

    Prop 8 Ruling Round Up

    Both sides of the same-sex marriage debate reacted strongly to Judge Vaughn Walker’s decision in Perry v. Schwarzenegger to overturn Prop 8 in California. What has been most surprising is the developing consensus from prominent legal experts and analysts, including many who support the redefinition of marriage, who find Judge … More

    Marriage and the Judgment of the People

    Judicial tyranny is alive and well in the United States, and as a result the debate over the future of marriage may soon be front and center once again in the national news. Two major federal court rulings, one just released and another imminent, pose separate challenges to marriage. First, … More

    Even Kagan’s Witness Admits Liberals Unfairly Criticized The Ledbetter Decision

    In last week’s hearings to determine whether former Harvard Law School dean Elena Kagan should be a justice of the U.S. Supreme Court, a number of liberal Senators criticized the Supreme Court’s 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co. as the work of “conservative activists.” In Ledbetter, … More

    The Law is Unchanging

    The false alarm concerning the possible resignation of Chief Justice John Roberts, Jr. sent shockwaves throughout the blogosphere and media outlets yesterday afternoon.  Those of us who respect the Chief’s service to our country and fidelity to the Constitution were relieved when the rumors were false. But this fire drill … More

    Activism in Action: The Middle School Strip Search Case

    Sometimes judicial activism isn’t about who wins the case. It may be that the Supreme Court got it right today when it ruled that school officials violated the constitutional rights of 13-year-old Savana Redding when they ordered her to shake out her underwear to see if she was hiding more … More

    A Victory for Marriage and Democracy

    Today the California Supreme Court rejected requests by same-sex marriage advocates to strike down Proposition 8, the ballot measure that democratically superseded an earlier decision by the California Supreme Court that redefined marriage to include same-sex unions in that state. In May of 2008, the California Supreme Court interpreted the … More

    Judge Sotomayor on Whether Judges Make Policy

    [youtube]http://www.youtube.com/watch?v=OfC99LrrM2Q[/youtube]

    The Tweety Bird Defense

    Those who remember the Warren Court recall imaginative renderings of the constitution to expand criminal’s rights coupled with outright judicial hostility to police. The result was a national crime wave only recently curbed by new police techniques and more favorable rulings from the Supreme Court. Now that Barack Obama has … More

    Actively Destroying the Republic

    Robert Bork at Heritage / Photo by Andrew Blasko Former judge Robert Bork delivered the first lecture in Heritage’s Joseph Story Distinguished Lecture series that is a part of a larger 10-year initiative started by the Center for Legal and Judicial Studies to bring back judicial restraint and the rule … More