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Expert Analysis

Looking For Judicial Activists? Check The Footnotes

By Christopher Collier and Michael Arndt ( November 18, 2020, 5:56 PM EST) -- As long as the U.S. Supreme Court has existed, there have been claims of judicial activism. Thomas Jefferson feared Justice John Marshall's early opinions were activist, and would turn the judiciary into a despotic branch of government. Sen. Robert La Follette, R-Wisc., a disgruntled progressive Republican at the turn of the 20th century, lamented that the judiciary took power never granted and which was "greater than that entrusted to the courts of any other enlightened nation."...

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