Wednesday, August 11, 2010

The Revival of Judicial Activism

Emily Bazelon at Slate has a good article on judicial activism with respect to the Prop 8 decision in California and the SB 1070 decision in Arizona. Although many conservatives have complained that the judges in the two cases have ignored the will of the people in reversing popular laws, Bazelon concludes, "It's not the job of the courts solely to mirror public opinion. But increasingly over time, since the beginning of the 20th century, they have come into line with it, as Barry Friedman showed in his book, Will of the People." Bazelon argues that once a majority of Americans accepts gay marriage, it will be that much easier for a judge to protect it.

UPDATE: Professor Friedman has agreed to speak on this issue at Georgetown sometime in late October or early November. Details to come.

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