The Impact of Judicial Activism on the Moral Character of Citizens

Engage Volume 12, Issue 2, September 2011
By Ilya Shapiro, Fred Smith
September 12, 2011

One thing often mentioned about the Federalist Society is that it’s for judicial restraint. I’m not sure that’s the official policy of the Federalist Society, but in any event, these terms like “restraint,” “activism,” “minimalism,” “neutrality”—you certainly don’t want judges to have political bias—what do they mean? Quite often, “activist” is synonymous with any decision the speaker doesn’t like, and “restraint” means the judge is being wise and “I agreed with that decision” (coincidentally)...