With the completion of the U.S. Supreme Court’s term, there has been a great deal of discussion about “judicial activism.” Some commentators have asserted that the failure to overturn the Patient Protection and Affordable Care Act is an act of “judicial restraint.” Other commentators assert that the Court failed to demonstrate a fidelity to the Constitution as it performed 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? Our experts discuss these issues and answer questions from callers on this previously recorded conference call.
- Dr. John C. Eastman, Chapman University School of Law
- Prof. Ilya Somin, George Mason University School of Law
- Moderator: Mr. Dean Reuter, Vice President & Director of Practice Groups, The Federalist Society