Right and Wrong Kinds of Judicial Activism

The American Constitution Society for Law and Policy has published an issue brief by Alan B. Morrison, Lerner Family Associate Dean for Public Interest and Public Service Law, titled, "Revisiting Judicial Activism: The Right and Wrong Kinds." The report explains Dean Morrison’s definition of "judicial activism" and contends that in certain cases, such activism by the U.S. Supreme Court can be deemed legitimate. He applies his theory to the Supreme Court’s recent decisions regarding the constitutionality of the Affordable Care Act, the Voting Rights Act, California’s Proposition 8, and the Defense of Marriage Act.