August 11, 2026

So you don’t like judicial activism? How about “rule by text?”

Don’t like judicial activism? How about jettisoning the judiciary altogether? Both the political left and right seem to take turns accusing judges, specifically those who hand down opinions opposed to their political proclivities, of judicial activism, or judges reading into the law what just is not there.  Originalists call for judicial interpretations that read legislative […]

Being a judge is not a pre-req

Scalia thinks it’s a good thing that Kagan is not a judge. “When I first came to the Supreme Court [in 1986], three of my colleagues had never been a federal judge,” Scalia said. “William Rehnquist came to the bench from the Office of Legal Counsel. Byron White was deputy attorney general. And Lewis Powell […]