What are some court cases with blatant judicial activism.
What are some court cases with blatant judicial activism
Connor Moore
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Landon Morales
sacco and vanzetti trial
Christopher King
brown v board obvi
Kayden Russell
Literally anything involving the disgraced Justice William Brennan and Earl Warren
Daniel Richardson
>disgraced
In what sense?
Elijah Gray
Jack Ramirez
oj simpson
hands down
Connor Perez
While saying Justice Brennan was disgraced is harsh, the 80s, 90s and most of the 00s really damaged his jurisprudence. I recall him and Marshall, along with Blackmun sometimes, hopelessly dissenting as the later Burger and Rehnquiet courts deeply wore away at the constitutional protections in opinions he had joined or authored in the late 50s, 60s and 70s.
Dylan Cook
Incorporation of the Bill of Rights.
Goddamn legislators from the bench. It's thanks to them that we have the 1st and 2nd amendments applying to states and not just to the federal government, REEEEEEEEEEEEEEEEEEEE
Joshua Thompson
You do know that was overruled within like 5 years, right?
Christian Ramirez
>Lmao the commerce clause doesn't exist because I say so
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Julian Mitchell
Doesn't matter. The question was about judicial activism.
Noah Reyes
Judicial activism that was also slapped down by judicial restraint.
Hell, you might as well note some time a judge called someone a jackass, it would have about as much effect. Plus, the only reason it was overturned was because of a DIFFERENT set of judicial activism, because a bunch of judges in the 1920s decided that the Bill of Rights really ought to apply to the states and not just Congress because they thought it would be better that way.
Kayden Howard
Not really sure what your point is here.
Lucas Bennett
Because
A) the system worked. A "Wrong" midlevel opinion was overturned by the court a level higher
B) The "wrong" opinion was the one applying a more originalist set of standards. It was only incorrect insofar as they attempted to use 2nd Amendment language to bar an action by a state level of government. This infringed a right that only existed due to judicial activism in the first place.
Dylan Torres
So your point is that it's not judicial activism if it gets overturned?
Right. I guess all crimes that are stopped in the act are no longer crimes.
Asher Mitchell
They're not. They're inchoate crimes. Attempts, not actual executions. If I take a shot at you to try to kill you, and miss because a cop tackled me, it's attempted murder, not actual murder.
And of course, there's the little naggling problem with your position that sans "judicial activism" the 9th circuit's decision is entirely correct, as the 2nd amendment has no bearing on state governments in the eyes of the founding fathers, or for the next hundred or so years of jurisprudence.
Christian Sanders
On the other hand, the commerce clause has been used to justify a shit ton of rulings that are arguable at best.
Mason Phillips
>attempted murder is not a crime
I'm done here.
Matthew Hall
He's not saying it cannot also be a crime.
He's saying that attempted murder is not the same crime as completed murder.
Adrian Walker
roe v wade