Government expansion, not activist judges, explains the growth of judicial policymaking.

Evidence

A second myth is that the growth of judicial policymaking reflects an effort by activist judges to exercise power. Although there may be individual judges who have abused their positions, more seems to be involved than the character of the judges. After all, years of judicial appointments by Presidents Reagan, George Bush, and George W. Bush—all of whom expressed fervent opposition to judicial activism—did not eliminate judicial policymaking. Rather, government expansion and an ever-growing body of law are primarily responsible for judicial policymaking, not the composition of the judiciary. — G. Alan Tarr, Judicial Process and Judicial…, 1499

A second myth is that the growth of judicial policymaking reflects an effort by activist judges to exercise power. Although there may be individual judges who have abused their positions, more seems to be involved than the character of the judges. After all, years of judicial appointments by Presidents Reagan, George H. W. Bush, and George W. Bush—all of whom expressed fervent opposition to judicial activism— did not eliminate judicial policymaking. Rather, government expansion and an ever-growing body of law are primarily responsible for judicial policymaking, not the composition of the judiciary. — G. Alan Tarr, Judicial Process and Judicial…, 2898

Categorization

  • XREF: Directly connects to the course’s central question of judicial activism versus restraint, and to debates over whether judicial power is a product of judicial ideology or institutional structure. — connects to: The shift from benefit-giving to conduct-regulating statutes fed litigation and judicial policymaking. — G. Alan Tarr, Judicial Process and Judicial…, 2831; Growth in law and regulation, not activist judges, drives increased judicial policymaking. — G. Alan Tarr, Judicial Process and Judicial…, 1444; Judicial rulings have policy consequences yet judges should not impose their own policy views — G. Alan Tarr, Judicial Process and Judicial…, 2688 (+3 more)
  • SEED: Essay angle: why thirty years of anti-activism judicial appointments failed to shrink judicial policymaking—structural explanations beat ideological ones.
  • corroborated: 3 independent passages support this claim — G. Alan Tarr, Judicial Process and Judicial…, 1499; G. Alan Tarr, Judicial Process and Judicial…, 2898
  • recurring: this claim recurs 2 times within its source

Broader Connections