The Oath: The Obama White House and the Supreme Court Themes

Jeffrey Toobin
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The Compatibility of Conservatism and Judicial Activism

A typical complaint about the Warren Court, a well-known liberal court responsible for a great deal of "liberal" rulings, was that it was guilty of "judicial activism." According to many conservatives, judges should merely review the law, not make it. Judges rightly have a passive attitude, respecting precedent and not attempting to undemocratically impose their will on others. The liberal justices were therefore poor judges, activists, that is, not real judges.

Toobin's complaint is that the conservative justices are presently dishonest. They pretend to be conservatives in the sense that they oppose judicial activism. But in fact they act as Republican Party partisans, imposing their view of the law on the nation as a whole. The Roberts Court is a supposed contradiction in terms, namely a conservative activist court. But Toobin points out that a conservative activist court is not a necessary...

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This section contains 772 words
(approx. 2 pages at 400 words per page)
Buy The Oath: The Obama White House and the Supreme Court Study Guide
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Nonfiction Classics for Students
The Oath: The Obama White House and the Supreme Court from Nonfiction Classics for Students. ©2005-2006 Thomson Gale, a part of the Thomson Corporation. All rights reserved.
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