Judicial Engagement Means No More Make-Believe Judging
Every person who goes into court deserves a sincere, impartial judge. A substantial portion of American constitutional doctrine is devoted to ensuring they don’t get one. What civil rights plaintiffs often get instead is a judge who wears the garb of a referee while actively playing defense for the home team. The call for “judicial engagement” is a deliberate challenge to that reality, and it aims to upset the constitutional applecart by proclaiming that ends-oriented, government-favoring, pseudojudging has no place in our system…
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