Activist judges?

They aren’t the problem, says Pamela Karlan. It’s unrestrained politicians.

… let’s bear in mind that obligations of constitutional fidelity do not stop at the bench. Judges would be less busy if policymakers took their constitutional responsibilities more seriously. Public officials—national and state; judicial, executive, and legislative—take an oath to support the Constitution. Unfortunately, many fail to take that oath seriously, and laws and policies are adopted out of political expediency by legislators who know that the courts will strike them down….

Politicians have constitutional responsibilities, too. And if they showed more restraint, judges would not have to intervene so often.

But really you should read the whole thing.

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