Jordan Lorence: What is “Judicial Activism?”

ADF Attorney Jordan Lorence writing at “The Washington Post Monday contains an article on judicial activism. This article shows a subtle, but significant distortion in the definition of the term, so that liberals can attack the current Supreme Court as being dominated by conservative ‘activists.’ The Washington Post shallowly and erroneously defines ‘judicial activism’ as a court striking down a law passed by Congress. Is the Post seriously arguing that the proper role of courts is simply to affirm every law passed by Congress? That is obviously wrong, and is not the definition of ‘judicial restraint.’ And there is an application of this wrong understanding of ‘judicial activism’ to the university realm that I am concerned about.”