Justice Legal Strategies

July 5, 2024

The conservative transformation from judicial restraint to judicial activism

The perception that left-of-center judges are judicial activists and conservative judges engage in judicial restraint no longer holds. Recently retired judge David Tatel (left), a former civil rights lawyer, writes in his recent autobiography that his judicial philosophy was judicial restaint. Chief Justice John Roberts (right) presides over a conservative majority, activist court. It has […]

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United States v. Rahimi exposes the doctrinal and practical flaws of the Supreme Court’s Second Amendment originalist jurisprudence

The Supreme Court decision in United States v. Rahimi represents a slightly less strict application of originalism to Second Amendment issues than appeared in the Court’s 2022 decision in New York State Rifle & Pistol Assn., Inc. v. Bruen. Nonetheless, the Rahimi decision further exposes the problems of applying an originalist test to governmental regulation

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