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Judicial Activism

Judicial activism occurs when judges write subjective policy preferences into the law rather than apply the law impartially according to its original meaning. As such, activism does not mean the mere act of striking down a law.

Cases of Judicial Activism

  • Abusing Precedent

Abusing Precedent

Judges expand on or invent erroneous precedents to give legal status to their preferred outcomes.

Decision Date Court Types of activism
Cooper v. Aaron 09/12/1958 Supreme Court Abusing Precedent, Judicial Imperialism
Dabit v. Merrill Lynch 01/11/2005 Second Circuit Abusing Precedent, Contorting Text
Garcia v. San Antonio Metropolitan Transit Authority 02/19/1985 Supreme Court Abusing Precedent, Contorting Text
Gonzales v. Raich 06/06/2005 Supreme Court Abusing Precedent, Contorting Text
Hawaii Housing Authority v. Midkiff 05/30/1984 Supreme Court Abusing Precedent, Contorting Text, Nullifying Rights
Hayden v. Pataki 04/04/2006 Second Circuit Abusing Precedent, Contorting Text
Hill v. Colorado 06/28/2000 Supreme Court Abusing Precedent, Nullifying Rights
Humphrey's Executor v. United States 05/27/1935 Supreme Court Abusing Precedent, Contorting Text
Hunter ex rel. Brandt v. The Regents of the University of California 09/09/1999 Ninth Circuit Abusing Precedent, Contorting Text, Playing Legislator
Katzenbach v. McClung 12/14/1964 Supreme Court Abusing Precedent, Contorting Text
Kelo v. City of New London, Conn. 06/23/2005 Second Circuit Abusing Precedent, Contorting Text
Malesko v. Correctional Services Corp. 10/06/2000 Second Circuit Abusing Precedent
Maloney v. Cuomo 01/28/2009 Second Circuit Abusing Precedent, Nullifying Rights
Mapp v. Ohio 06/19/1961 Supreme Court Abusing Precedent, Playing Legislator
Morrison v. Olson 06/29/1988 Supreme Court Abusing Precedent, Contorting Text
Planned Parenthood v. Casey 06/29/1992 Supreme Court Abusing Precedent, Judicial Imperialism, Living Constitutionalism
Rasul v. Bush 06/28/2004 Supreme Court Abusing Precedent, Judicial Imperialism, Playing Legislator
Reynolds v. Sims 06/15/1964 Supreme Court Abusing Precedent, Living Constitutionalism
Southwest Voter Registration Education Project v. Shelley 09/15/2003 Ninth Circuit Abusing Precedent, Contorting Text, Judicial Imperialism
Tashjian v. Republican Party of Connecticut 12/10/1986 Supreme Court Abusing Precedent