Cases of Judicial Activism
Living Constitutionalism
Judges rely on the so-called Living Constitution to make the Constitution comport with their self-described enlightened sensibilities.
| Decision |
Date |
Court |
Types of activism |
| Atkins v. Virginia |
06/20/2002 |
Second Circuit |
Importing Foreign Law, Judicial Imperialism, Living Constitutionalism |
| BMW v. Gore |
05/20/1996 |
Supreme Court |
Living Constitutionalism, Playing Legislator |
| Compassion in Dying v. State of Washington |
05/28/1996 |
Ninth Circuit |
Living Constitutionalism |
| Doe v. Bolton |
01/22/1973 |
Supreme Court |
Living Constitutionalism |
| Fierro v. Gomez |
02/21/1996 |
Ninth Circuit |
Living Constitutionalism, Playing Favorites |
| Griswold v. Connecticut |
06/07/1965 |
Supreme Court |
Living Constitutionalism, Playing Legislator |
| Hudson v. McMillian |
02/25/1992 |
Supreme Court |
Living Constitutionalism |
| Kennedy v. Louisiana |
06/25/2008 |
Supreme Court |
Judicial Imperialism, Living Constitutionalism |
| Lawrence v. Texas |
06/26/2003 |
Supreme Court |
Living Constitutionalism, Playing Favorites |
| Planned Parenthood v. Casey |
06/29/1992 |
Supreme Court |
Abusing Precedent, Judicial Imperialism, Living Constitutionalism |
| Reynolds v. Sims |
06/15/1964 |
Supreme Court |
Abusing Precedent, Living Constitutionalism |
| Roe v. Wade |
01/22/1973 |
Supreme Court |
Living Constitutionalism |
| Romer v. Evans |
05/20/1996 |
Supreme Court |
Living Constitutionalism |
| Roper v. Simmons |
03/01/2005 |
Supreme Court |
Importing Foreign Law, Living Constitutionalism, Playing Legislator |
| Saenz v. Roe |
05/17/1999 |
Supreme Court |
Living Constitutionalism |
| Thompson v. Oklahoma |
06/29/1988 |
Supreme Court |
Living Constitutionalism |
| Trop v. Dulles |
03/31/1958 |
Supreme Court |
Living Constitutionalism |