Looking For Judicial Activists? Check The Footnotes

Law360 (November 18, 2020, 5:56 PM EST) -- As long as the U.S. Supreme Court has existed, there have been claims of judicial activism. Thomas Jefferson feared Justice John Marshall's early opinions were activist, and would turn the judiciary into a despotic branch of government. Sen. Robert La Follette, R-Wisc., a disgruntled progressive Republican at the turn of the 20th century, lamented that the judiciary took power never granted and which was "greater than that entrusted to the courts of any other enlightened nation."

The attacks on judicial activism have continued in our day. Before the Republicans' recent success in filling over a third of the federal bench, Sen. Ted...

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