The Federalist Society

The Illinois Supreme Court: Judicial Activism, With Limits

October 20, 2004

James C. Dunlop, Tara A. Fumerton

In this article, we review Illinois Supreme Court cases in an attempt to discern the judicial outlook of the Illinois Supreme Court. Is the Illinois Supreme Court prone to judicial “activism” or to judicial “restraint,” or does it fall somewhere in between? First we examine a seminal constitutional case in the area of tort reform, Best v. Taylor Machine Works, Inc., 179 Ill.2d 367 (1997), which provides a useful illustration of judicial activism.

The Illinois Supreme Court: Judicial Activism, With Limits  


The Federalist Society