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The most recent example of judicial activism was the case of Perry v. Schwarzenegger, a 2010 decision by federal judge Vaughn R. Walker overturning California's constitutional amendment to ban same-sex marriage. In spite of the voters' approval of such a ban on same-sex, Judge Walker overturned the amendment, primarily based on his interpretation that the Constitution implies a "right to privacy," and thereby nullifying the will of the California electorate. Judge Walker's decision is currently under appeal.

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Q: What is an example of judicial activism?
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Suggest a court case that has been or could have been scrutinized as judicial activism?

AnswerYou might find the cases of Plessy v. Ferguson, 163 US 537 (1896), which reversed many of the civil rights advances of Reconstruction, and established the "separate but equal" doctrine that appeared to undermine the intent of the newly passed 13th and 14th Amendments in granting equality to African-Americans, an interesting case of conservative judicial activism.Brown v. Board of Education, 347 US 483 (1954), which overturned Plessy, has often been cited as an example of liberal judicial activism, because it ignored the doctrine of stare decisis (Latin: let the decision stand) and reinterpreted the 13th and 14th Amendments in a manner that supported civil rights for African-Americans.You can access the full opinion of both cases via Related Links, below.Bear in mind that "judicial activism" is an ambiguous concept relative to a person's point-of-view and interpretation of the Constitution, and is the result of subject judgment both on the part of the justices ruling on a case and on the part of the individuals analyzing the Court's decision.


In the case of brown versus board of education is an example of a group seeking redress of grievances through?

judicial


Why is Emmett till significant?

His murder sparked the upsurge of activism


What branch of government does the IRS belong too exectutive legislative or judicial?

judicial


What are the 3 branches of us government?

The branches are legislative, executive, and judicial as established by the US Constitution.

Related questions

What is sources of authority?

Judicial Activism


How does judicial activism and judicial restraint affect the separation of powers?

Judicial activism weakens the separation of powers by involving the Court in what are traditionally executive and legislative functions. Judicial restraint reinforces separation of powers.


Contrast original intent with judicial activism?

The main types of contrasting judicial philosophies include judicial activism versus. Versus strict constructionism, and living document versus original intent.


How do you see Judicial Activism in Pakistan?

To hell with Pakistan and you...


The idea that judges should use their power broadly to further justice based ontheir own personal views or agenda is called?

judicial activism!


What is the opposite of judicial activism?

judicial restraintFor more information, see Related Questions, below.


What was the marshall court best known for?

for its period of Judicial Activism


Was Judicial Activism or Judicial Restraint used in the Tinker v Des Moines case?

Judicial activism was used because the Court ruled that the school policy prohibiting the students from wearing the arm bands to protest symbolically the Vietnam War violated the students' free speech rights. By overturning a policy of the government (the public school's policy), the Court exercised judicial activism.


Who favors judicial activism?

A person who favors judicial activism is one who prefers a decision to be made via a personal opinion, rather than focusing on the law. A person who does this is considered unlawful or a federalist.


Compare Judicial Restraint and Judicial Activism?

Judicial restraint is the theory that judges should limit their exercise of power and strike down laws only when they are obviously unconstitutional, and always follow precedents set by older courts. Judicial activism is the opposite view, and is sometimes meant to imply politically motivated judicial decisions.


Did the Warren Court believe in judicial activism or judicial restraint?

The Warren Court, which was active from 1953 until Chief Justice Earl Warren retired in 1969, is often accused of judicial activism for its many decisions supporting African-Americans' civil rights. Whether they believed they were judicial activists or not is unknown.


Was Miranda v. Arizona considered judicial restraint or judicial activism?

Neither. The court simply ruled that people need to be advised of rights they had always been entitled to. --- Activism, because the Court invented a new rule. They used their power broadly to further justice instead of just allowing the decisions of the other branches of government to stand. It's true that their rights were already there, but that's not the determining factor of Judicial activism/restraint.