Growth in law and regulation, not activist judges, drives increased judicial policymaking.

Evidence

Perhaps the primary reason for increased judicial policymaking, however, is simply that there is now more law and more litigation of policy disputes. At one time, many state constitutions mandated that the state legislature meet only every other year, and it limited the length of legislative sessions. Today, most state legislatures meet annually, for a longer period, and enact more laws. Except when its members are campaigning for reelection, Congress is almost continually in session. Perhaps the biggest change, however, involves administrative rule making. The creation of regulatory agencies during the twentieth century produced an explosion of federal rules and regulations. In 1936, for example, the Code of Federal Regulations, which includes all regulations issued by federal agencies, numbered 2,619 pages. Today, these regulations stretch over more than 67,000 pages. — G. Alan Tarr, Judicial Process and Judicial…, 1444

Categorization

• XREF: connects to: Government expansion, not activist judges, explains the growth of judicial policymaking. — G. Alan Tarr, Judicial Process and Judicial…, 1499; The shift from benefit-giving to conduct-regulating statutes fed litigation and judicial policymaking. — G. Alan Tarr, Judicial Process and Judicial…, 2831; Most judicial policymaking gives effect to rather than overrides democratic will. — G. Alan Tarr, Judicial Process and Judicial…, 1500

Broader Connections

• The shift from benefit-giving to conduct-regulating statutes fed litigation and judicial policymaking. #corroborates (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2831
• Most judicial policymaking gives effect to rather than overrides democratic will. #corroborates (0.82) — G. Alan Tarr, Judicial Process and Judicial…, 1500