I disagree with the definition. Roe v. Wade is "established precedent" now, but I wouldn't say that anyone who ever overrules a case (particularly that case) or who issues a ruling that appears to be contrary to it was a "judicial activist" To me, the core of "Judicial Activism" is inventing rights that are not established by the text of the Constitution or other law at issue, but that the judge thinks is "good policy" or otherwise thinks "should be" the law. I would say that overruling or ignoring precedent that itself established such a right is simple correction, rather than a new example of activism. <font color=navy>[[User:JesusSaves|JesusSaves]] 07:40, 13 March 2007 (EDT)</font> | I disagree with the definition. Roe v. Wade is "established precedent" now, but I wouldn't say that anyone who ever overrules a case (particularly that case) or who issues a ruling that appears to be contrary to it was a "judicial activist" To me, the core of "Judicial Activism" is inventing rights that are not established by the text of the Constitution or other law at issue, but that the judge thinks is "good policy" or otherwise thinks "should be" the law. I would say that overruling or ignoring precedent that itself established such a right is simple correction, rather than a new example of activism. <font color=navy>[[User:JesusSaves|JesusSaves]] 07:40, 13 March 2007 (EDT)</font> |