Thesis: Not just liberals, but Supreme Court Justices across the political spectrum have invoked judicial activism one time or another.
Bibliography:
Dodrill, Fransisco J. Benzoni & Christopher S. "Does Judicial Philosophy Matter? A Case Study." West Virginia Law Review 113, no. 287 (Winter 2011). This was a case study of two conservative judges that served on the US Court of Appeals for the Forth Circuit together for over fifteen years. One a textualist, but the other was more an activist or “pragmatist”. The study shows how two similar politically philosophical judges would reach different conclusions. This source will help support the idea that judicial philosophy trumps political philosophy and …show more content…
Toward Increased Judicial Activism - The Political Role of the Supreme Court. Wesport, Connecticut: Greenwood Press, 1982.
Arthur Miller’s book describes the changes and demands of our judicial system. He not only supports an activist court but encourages o become more active to deal with the many modern complex issues America faces today.
Young, Ernest A. "Judicial Activism and Conservative Politics." Colorado Law Review 73, no. 4 (2002): 1-78.
Ernest Young’s article describes the paradox of being conservative and an activist at the same time. It uses the Rehnquist Court as an example. This article will be useful to explain the terminology and progression of activism to help achieve my thesis.
Ziegler, Mary. "Grass Roots Originalism: Judicial Activism Arguements, The Abortion Debate, and the Politics of Judicial Philosophy." University of Louisville Law Review (University of Louisville) 51, no. 201 (2013).
Ziegler describes the history of the modern popular theory of originalism. The article illustrates the popularization of originalism to be used against modern social issues. The article will be used to direct issues used by critics of judicial activism to legitimize their positions against abortion or gay