A Victory Against Judicial Activism
A recent decision by the federal district court for the District of Columbia highlights the importance of proper statutory interpretation and fidelity to the text of laws.
Judicial activism comes in a variety of forms and is certainly not limited to the act of striking down a law, as some liberals tried to maintain during the Obamacare litigation. When considering a challenged statute, as Judge Robert Bork put it, “No judge can possibly avoid seeing a case without his own worldview coloring his vision.” Thus, judges may be tempted to read the text in order to achieve their preferred outcomes. Yet judges should recognize that danger and “consciously strive…for objectivity” rather than contorting the text and subverting the law as written to comport with their own notions of justice.