Topics

Eliot Spitzer
How activist judges increase your taxes
How activist judges increase your taxes

In 1977, writing in the Harvard Law Review, Supreme Court Justice William Brennan Jr. exhorted state judges to embrace activist interpretations of the law. The high court had taken a frustratingly conservative turn, Brennan noted. He encouraged state judges to find in state constitutions and laws language that would guarantee citizens "even more protections" than those provided by the U.S. Constitution. We are still paying for Brennan's exhortation today. His essay helped inspire a "positive rights" revolution in state courts. Over the 37 years since Brennan's appeal, a number of state high courts have aggressively used vague state constitutional language...

Loading