Watch Me Take The Bar
Watch Me Take The Bar
This blog, originally started as a chronicle of my taking the bar, is now a look into the mind of an attorney in solo practice in Port Clinton, Ohio.
Sunday, October 23, 2005

Want less judicial activism? Appoint a Breyer

For some reason, I've always liked Stephen Breyer. He seems more accessible and friendly than your ordinary Supreme Court justice.

If you don't think judges should legislate from the bench, you, too, should like Stephen Breyer. This article by Jeffrey Toobin on Justice Breyer points out that between 1994 to 2005, in decisions addressing the constitutionality of sixty-four congressional provisions, Breyer voted to overturn the laws 28% of the time. This is the least of any of the justices.

The most eager to overturn congressional action? That old judicial activist himself, Clarence Thomas, who W wants his Supreme Court justices to be in the mold of.

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