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The real judicial activists.(COMMENT)(supreme court justices)(Column)

American Prospect, The,  January, 2007  by Miles, Thomas J.; Sunstein, Cass R.

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IN DISCUSSIONS OF "JUDICIAL ACTIVISM," ALMOST everyone focuses on how often Supreme Court justices vote to strike down acts of Congress. These discussions neglect a question that is, in terms of the Court's actual workload, much more important: How often do justices vote to strike down acts of the executive branch? We attempted to answer that question by compiling a large sample of votes (more than 500) from 1989 through 2005.

We were startled by our results. In a nutshell, the more liberal members of the Court were the most likely to vote to uphold the ...

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