http://thesituationist.wordpress.com/2008/08/10/the-political-situation-of-judicial-activism/ Tue, 21 May 2013 07:44:09 +0000 hourly 1 http://wordpress.com/ http://thesituationist.wordpress.com/2008/08/10/the-political-situation-of-judicial-activism/#comment-13219 Mon, 11 Aug 2008 13:41:21 +0000 http://thesituationist.wordpress.com/?p=2686#comment-13219 I do not know that you can define “activism” as a justice’s tendency to vote to overturn an agency decision. For example, if an agency’s actions exceed the agency’s authority or are undertaken without compliance with statutory procedural requirements, a decision to overturn the agency action would not, by most standards, be considered activism. In that case, a liberal who supported the agency’s original action might view the judicial action as a form of activism. I think the only way you can view the judicial decision to overturn an agency decision as activism is if you also assume that, on balance, agency actions themselves are neither liberal nor conservative.

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