The Magazine

A View from the Bench

The unpersuasive case for judicial activism.

Dec 4, 2006, Vol. 12, No. 12 • By EDWARD WHELAN
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It is exactly necessary to blame [a judge] when he does wrong as to praise him when he does right. Any other attitude in an American citizen is both base and servile. To announce . . . that we are to stand by the [judge], right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public.

Edward Whelan is president of the Ethics and Public Policy Center.