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What is an example of a court case that has been or could have been scrutinized as...

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b-cakes-bitch | Student, Undergraduate | eNotes Newbie

Posted January 19, 2012 at 6:57 AM via web

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What is an example of a court case that has been or could have been scrutinized as judicial activism?

Many people fear that judges have too much power.An author named Robert Bork recently wrote, “The nations of the West are increasingly governed not by law or elected representatives, but by unelected, unrepresentative, unaccountable committees of lawyers applying no law other than their own will.” In other words, Bork accused judges of going beyond their role of simply interpreting law and starting to make law.

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pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted January 19, 2012 at 7:06 AM (Answer #1)

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The court case that is most often pointed to by conservatives as an example of judicial activism is Roe v. Wade.  This was the 1973 case that found the right to an abortion in the Constitution.

The case (and the less well-known Griswold case on which it is based) found that the Constitution protects a right of privacy.  Obviously, there is no amendment or clause that explicitly protects such a right.  However, the Court held that various parts of the Constitution imply this right.

Conservatives point to this case and say that it is an example of judges making law rather than simply interpreting the words of (in this case) the Constitution.

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