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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

  • Nullifying Rights

Nullifying Rights

Judges abolish the protection of established rights to which they are personally opposed.

Decision Date Court Types of activism
Hawaii Housing Authority v. Midkiff 05/30/1984 Supreme Court Abusing Precedent, Contorting Text, Nullifying Rights
Hill v. Colorado 06/28/2000 Supreme Court Abusing Precedent, Nullifying Rights
Home Building & Loan Association v. Blaisdell 01/08/1934 Supreme Court Contorting Text, Nullifying Rights
Maloney v. Cuomo 01/28/2009 Second Circuit Abusing Precedent, Nullifying Rights
Silveira v. Lockyer 12/05/2002 Ninth Circuit Contorting Text, Nullifying Rights
The Slaughterhouse Cases 04/14/1873 Supreme Court Contorting Text, Nullifying Rights