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What is an "activist judge"? This question is likely to be at the forefront of public debate in 2006, when the Supreme Court nomination hearings for Judge Samuel Alito begin in the Senate. Lauren Gelman writes that the most important moment for an activist judiciary is now, when the executive branch is claiming maximum powers. The Senate should remember the events of the last few weeks of 2005, Gelman says, in deciding whether a rejection of the "activist judge" label is a claim to virtue.
December 27, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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