Judicial Activism: Right or Wrong

Some of you intrepid readers have advised me to stick to “funny stuff” and leave serious discussion to others.  That’s advice I’ve more or less adhered to with few exceptions.  I ask for an exception for this blog, however, under the theory that the practice of jurisprudence, particularly in the big leagues of the Supreme Court, often devolves into pretty funny stuff. Take the Sotomayor hearings for example.  There was an awful lot of funny stuff, most of which emanated from the old white men (and a few old white women) asking the same questions over and over and over again.  The term judicial activism was thrown around as an epithet repeatedly.  Most often it...