judicial activism
Judges making policy
Judicial activism is a characterization of court rulings—especially by the Supreme Court—that critics believe overstep the proper bounds of judicial authority by making policy rather than interpreting law.
The term is almost always pejorative, used to accuse judges of imposing personal or political views rather than applying legal principles.
What counts as activism depends heavily on the accuser's perspective; both liberals and conservatives level the charge when courts reach decisions they oppose.
Critics called the ruling judicial activism that usurped legislative power.
Interpreting by founding-era meaning
- textualismInterpreting law literally
- constitutionalismGovernance bound by fundamental laws
- overreachExceed one's capacity
- activist judgesJudges accused of legislating
Scalia · legislating from the bench · democratic accountability · states' rights · enumerated powers · original intent
1953-1969 Supreme Court
- Brown v. BoardDesegregation Supreme Court decision
- Roe v. WadeAbortion legalization ruling
- marriage equalitySame legal wedlock for all
- equal protectionUniform legal treatment
desegregation · criminal justice reform · voting rights · privacy rights · fundamental rights · social progress
Constitutional distribution of authority
- checks and balancesConstitutional power-limiting framework
- legitimacyLawful or rightful status
- politicizationMaking something a political issue
- court-packingAdding judges for political gain
Landmark ruling establishing judicial review
- Dred ScottAntebellum freedom-suit plaintiff
- Citizens UnitedSupreme Court campaign ruling
- Bush v. GoreElection-deciding court case
- case lawJudge-made legal doctrine
Transformation of collective behavior
- institutional reformChanging established organizational structures
- constitutional amendmentFormal change to founding law
- court ordersBinding judicial directives
- injunctionsOfficial orders to act
originalism
Interpreting by founding-era meaning
- textualismInterpreting law literally
- constitutionalismGovernance bound by fundamental laws
- overreachExceed one's capacity
Scalia · legislating from the bench · activist judges · democratic accountability · states' rights · enumerated powers · original intent
Warren Court
1953-1969 Supreme Court
- Brown v. BoardDesegregation Supreme Court decision
- Roe v. WadeAbortion legalization ruling
- marriage equalitySame legal wedlock for all
equal protection · desegregation · criminal justice reform · voting rights · privacy rights · fundamental rights · social progress
separation of powers
Constitutional distribution of authority
- checks and balancesConstitutional power-limiting framework
- legitimacyLawful or rightful status
- politicizationMaking something a political issue
court-packing · accountability · litmus tests · public trust
Marbury v. Madison
Landmark ruling establishing judicial review
- Dred ScottAntebellum freedom-suit plaintiff
- Citizens UnitedSupreme Court campaign ruling
- Bush v. GoreElection-deciding court case
case law · court ruling · majority opinion · dissent · concurrence
social change
Transformation of collective behavior
- institutional reformChanging established organizational structures
- constitutional amendmentFormal change to founding law
- court ordersBinding judicial directives
injunctions · consent decrees · implementation · enforcement
- lawlaw, lawyer, lawyers, attorney, attorneys
- constitutional lawConstitution, Bill of Rights, First Amendment, Second Amendment, Fourth Amendment
- PakistanIslamabad, Karachi, Punjab, Khyber Pakhtunkhwa, Balochistan
- judiciaryfederal judge, justices, district judge, magistrates, chief justice
- judicial reviewconstitutional review, mandamus, prohibition, correctness, constitutionality
- constitutionsbill of rights, constitutional amendment, constitutional reform, clause, clauses
judicial activismjudicial restraint
Courts avoiding activist rulings
originalism · textualism · literalism · strict interpretation · original intent
prejudice, judicious, activism, judicial, judiciary, adjudicate, adjudication, prejudicial, adjudicator