And you would think they were all activists, but in fact they were not, they were all examples of judicial restraint since they deferred to the determinations of the other branches of government. In the case of Obergefell v Hodges is one example of activism because they are striking down laws that a majority of the justice’s interpretation as a conflict of the Constitution. (Those “activist” judges) Judicial activism is often referred to the saying “legislating from the bench,” or usurping the legislative power granted to state and national legislatures by entering decisions that demand a change in policy. (“What is the difference between judicial activism and judicial restraint”) Throughout history there as been some other landmark cases of the US Supreme Court, like the case of Brown v. Board of Education, this case ignored both precedent and state laws in declaring segregation of the public school’s illegal. (American
And you would think they were all activists, but in fact they were not, they were all examples of judicial restraint since they deferred to the determinations of the other branches of government. In the case of Obergefell v Hodges is one example of activism because they are striking down laws that a majority of the justice’s interpretation as a conflict of the Constitution. (Those “activist” judges) Judicial activism is often referred to the saying “legislating from the bench,” or usurping the legislative power granted to state and national legislatures by entering decisions that demand a change in policy. (“What is the difference between judicial activism and judicial restraint”) Throughout history there as been some other landmark cases of the US Supreme Court, like the case of Brown v. Board of Education, this case ignored both precedent and state laws in declaring segregation of the public school’s illegal. (American