He likes the result in Roe v. Wade, he does not like the result in this 11th Amendment case. For him, judicial activism is the label for any decision he does not like. I hope Americans know better. Judicial activism is a huge problem, and the Florida recount mess finally exposed it and its enormous consequences. Don't let political advocates masquerading as legal analysts mislead you.
Judicial activism makes stuff up, judicial restraint applies what's there.
Thomas L. Jipping is Vice-President for Legal Policy at the Free Congress Foundation . All rights reserved.