How Activist Is the Supreme Court?Breaking News
WASHINGTON — JUSTICES Antonin Scalia and Ruth Bader Ginsburg are ideological antagonists on the Supreme Court, but they agree on one thing. Their court is guilty of judicial activism.
“If it’s measured in terms of readiness to overturn legislation, this is one of the most activist courts in history,” Justice Ginsburg said in August in an interview with The New York Times. “This court has overturned more legislation, I think, than any other.”
But Justice Ginsburg overstated her case. If judicial activism is defined as the tendency to strike down laws, the court led by Chief Justice John G. Roberts Jr. is less activist than any court in the last 60 years....
It is perhaps unsurprising that the liberal court led by Chief Justice Earl Warren from 1953 to 1969 invalidated federal, state and local laws at almost twice the rate of the Roberts court. But the more conservative court that followed, led by Chief Justice Warren E. Burger from 1969 to 1986, was even more activist, striking down laws in almost 9 percent of its cases, compared with just over 7 percent in the Warren court and just 4 percent in the Roberts court. The court led by Chief Justice William H. Rehnquist from 1986 to 2005 was also more activist than the current one, at 6.4 percent....
comments powered by Disqus
- Sinclair Lewis Predicted Trump—And Us
- Harvesting Government History, One Web Page at a Time
- 'Arbeit Macht Frei’ Gate Thought to Be Stolen From Dachau Is Found
- Behind the 1947 Law That Could Block Donald Trump’s Secretary of Defense Pick
- Why Trump Would Almost Certainly Be Violating the Constitution If He Continues to Own His Businesses
- Novelist says History classes are our best hope for teaching Americans to question fake news and Donald Trump
- National Book Award winner Ibram X. Kendi is youngest in 30 years in the non-fiction category
- Historian Volker Ullrich’s book on the rise of Hitler is spookily relevant
- People are still talking about historian Mark Lilla’s NYT op ed 2 weeks after it was published
- Rick Perlstein says Trump’s election confirms a paranoid trend in the GOP