More Judicial Activism, Please
At Reason, Damon W. Root makes a libertarian case for judicial activism.
Mr. Root is right. Conservatives like to complain about out-of-control, activist judges, but the U.S. Supreme Court's recent decisions in Gonzales v. Raich and Kelo v. New London illustrate the danger of judicial restraint. In both of these cases, the court stepped aside and let legislatures do as they please. If anything, we need more judicial activism to protect individual liberty from the political branches of government.