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The Myth of Judicial Activism: Making Sense of Supreme Court Decisions.

Publication: Trial
Publication Date: 01-JUN-07
Format: Online
Delivery: Immediate Online Access
Full Article Title: The Myth of Judicial Activism: Making Sense of Supreme Court Decisions.(Book review)

Article Excerpt
The Myth of Judicial Activism: Making Sense of Supreme Court Decisions Kermit Roosevelt III Yale University Press yalepress.yale.edu/yupbooks 262 pp., $30

We call some things myths because they are false assertions of fact, and others because they are stories about issues that engage a culture's deepest concerns. If judicial activism were only a myth of the first sort, a book like The Myth of Judicial Activism, by University of Pennsylvania Law Professor Kermit Roosevelt, would be more satisfying. But it is also a myth of the second sort, to which a book intended for the general public is an insufficient response.

Roosevelt's mission is to set his readers straight, as a factual matter, by persuading us that the Supreme Court usually does not abuse its power but instead properly defers to the judgment...

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