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Unpublished Paper
Can the Supreme Court Be Fixed? Lessons From Judicial Activism in First Amendment and Sherman Act Cases
ExpressO (2012)
  • Warren S Grimes
Abstract

The Court has strayed from its role as a decider of cases or controversies to become an unelected policy board that undermines democratic institutions at the federal, state, and local levels. Part I of this paper describes content-neutral measures of judicial activism, most repeatedly acknowledged by the Court. Part II addresses specific examples of judicial activism in Supreme Court decisions involving the Sherman Act and First Amendment election law cases. Part III concludes by urging a public debate on possible reforms of the Court, some easily implemented, others more involved, that could constrain judicial activism and restore the Court’s primary role as a judicial tribunal.

Keywords
  • Supreme Court,
  • Judicial Activism,
  • First Amendment,
  • Antitrust Law
Disciplines
Publication Date
September 24, 2012
Citation Information
Warren S Grimes. "Can the Supreme Court Be Fixed? Lessons From Judicial Activism in First Amendment and Sherman Act Cases" ExpressO (2012)
Available at: http://works.bepress.com/warren_grimes/4/