on Aug 28, 2013 at 8:33 am
Justice Ginsburg’s recent interviews (which I covered in Monday’s round-up) continue to generate coverage and commentary. At The Volokh Conspiracy, Jonathan Adler disputes Ginsburg’s view of “judicial activism,” which she defines as being “measured in terms of readiness to overturn legislation.” He counters that such a definition “falls wide of the mark” and adds that, “[i]f activism is ‘measured in terms of readiness to overturn legislation,’ the current Court is not one of the ‘most activist courts in history,’ at least not compared to others of recent memory.” And in another post at The Volokh Conspiracy, Adler suggests that the judicial philosophies of both Chief Justice John Roberts and Justice Ginsburg share an “ideologically oriented minimalism. Chief Justice Roberts’ minimalism leans to the right, whereas that described by Justice Ginsburg leans to the left — but they are both ‘minimalism’ just the same.”
And the National Constitution Center’s Constitution Daily has its own round-up . . . of some of the Justices’ speeches and interviews over the summer.