As the U.S. Supreme Court term comes to a close, there has been a great deal of discussion about “judicial activism.” Some commentators have asserted that if the Court overturns the Patient Protection and Affordable Care Act, it will be an instance of judicial activism. Other commentators assert that doing so will be nothing more than a demonstration of fidelity to the Constitution as the Court performs its legitimate, recognized role of judicial review. Does the definition of “judicial activism” depend upon one’s perspective? Can “judicial activism” be reconciled with the Court’s recognized role of judicial review? Is there a more apt term?
- Dr. John C. Eastman, Chapman University School of Law
- Prof. Ilya Somin, George Mason University School of Law
Call begins at 2:00 p.m. Eastern Time.
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