Here is what 30 years of “judicial conservatism” have gotten us: John Roberts’ decision upholding Obamacare. For three decades, conservatives have advocated “judicial restraint.” They have attacked unelected, lifetime-appointed judges for interfering with the will of the people as manifested in statutes enacted by Congress or the states. Judges who invalidate laws are called “activist.” […]
Randy E. Barnett
Randy E. Barnett represented the NFIB in its constitutional challenge to the Affordable Care Act. He is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he teaches constitutional law and contracts.