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The Conservative Defense of Judicial Activism

The Value of ‘Activism’ By George F. Will

Convinced that popular sentiment is with them, some conservatives fan the flames of resentment of judicial review, calling for judicial “restraint.” They do so in the name of dogmatic majoritarianism — the right of majorities to have their way. There are, however, impeccably conservative reasons for regarding judicial review as a valuable restraint on majorities, and hence for having high regard for some judicial activism.

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