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Former Litigator Makes Case for Judicial Activism

Former litigation director for the Institute of Justice talks about the need for "judicial activism" and how a free society needs judges who protect the rights of the individual.

Former Litigator Makes Case for Judicial Activism

Tom Fudge : A lot of people, particularly political conservatives, decry what they like to call judicial activism. We hear this from President Bush, among others. They say federal judges should interpret the constitution strictly and with great restraint. Some go on to argue that the modern judiciary has created new rights that overstep the bounds of the constitution.

Well, very few people would refer to the Cato Institute as a liberal organization. But a new book, due to be published by the Cato Institute, makes a passionate argument in favor of judicial activism. The forthcoming book is called David’s Hammer: The Case for an Activist Judiciary.


Clint Bolick will be speaking tonight about “the conservative case for an activist judiciary” at USD’s Joan B. Kroc Institute for Peace & Justice Theatre at 5:30 p.m. A reception will follow. The event is free and open to the public. To RSVP, call (619) 260-6848 or e-mail


  • Clint Bolick, former litigation director for the Institute for Justice and current president and general counsel of the Alliance for School Choice.