Commentary

Conservative Judicial Activism Is Just As Objectionable as Liberal Judicial Activism

By Timothy H. Lee
Thursday, September 06 2018

"Who says Roe must say Lochner." So wrote Judge Robert H. Bork in The Tempting of America. Published in 1990, Judge Bork's tour de force remains a masterful primer on jurisprudence, and recounts his ordeal against the sleazy and mindless assault by Senator Ted Kennedy, Senator Joe Biden and others against his nomination by Ronald Reagan to replace Justice Lewis Powell on the U.S. Supreme Court. This week, Judge Bork's admonition gained renewed salience as Senate confirmation hearings began for Judge Brett Kavanaugh to fill the seat for which Judge Bork was nominated…

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