Judicial Activism

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Judicial Activism is a doctrine that describes the way a court should actively access its’ power as a check to the activities of governmental bodies, when it is thought that those bodies have exceeded their authority. Roger Clegg, vice president of the National Legal Center for the Public Interest describes his definition a little differently. He writes that it is the act of a judge abusing his/her power by asserting his/her opinion of …

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…vote of the Chief Justice is not in the majority of the votes, then the decision falls in the hands of the swing voters. Often during these times it becomes the vote of Anthony Kennedy. The Supreme Court is then called the “Kennedy Court.” For the reason that not one judge in the court can make an overwhelming difference in the final outcome, I feel that there cannot be a fully activist or restraint court.