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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

  • Judicial Imperialism

Judicial Imperialism

Judges expand the power of the judiciary beyond its constitutional limits.

Decision Date Court Types of activism
Atkins v. Virginia 06/20/2002 Supreme Court Importing Foreign Law, Judicial Imperialism, Living Constitutionalism
Baker v. Carr 03/26/1962 Supreme Court Judicial Imperialism
Cooper v. Aaron 09/12/1958 Supreme Court Abusing Precedent, Judicial Imperialism
Flast v. Cohen 06/10/1968 Supreme Court Judicial Imperialism, Playing Legislator
Hamdan v. Rumsfeld 06/29/2006 Supreme Court Contorting Text, Judicial Imperialism, Playing Legislator
Kennedy v. Louisiana 06/25/2008 Supreme Court Judicial Imperialism, Living Constitutionalism
Missouri v. Jenkins 04/18/1990 Supreme Court Judicial Imperialism, Playing Legislator
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
Southwest Voter Registration Education Project v. Shelley 09/15/2003 Ninth Circuit Abusing Precedent, Contorting Text, Judicial Imperialism
United States v. SCRAP 06/18/1973 Supreme Court Judicial Imperialism