Judicial Restraint Is Right
In remarks on Tuesday, Senator Rand Paul undertook to defend “judicial activism” and to criticize “judicial restraint.” Evan Bernick of the Institute for Justice praises Paul’s remarks in an NRO essay today titled “Rand Paul Is Right: Judicial Restraint Is Wrong.” I’d like to explain here why I disagree with Paul and Bernick.
Discussions about judicial activism and judicial restraint often suffer from semantic confusion, so I’d like to start by setting forth my own usage and some related observations:
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