Saturday, October 15, 2005

Judicial Activism, or Asleep On The Bench?

The Greatest American Lawyer takes on the Michigan Supreme Court.


  1. Proving, yet again, the truism that "judicial activism" means a decision conservatives disliked.

  2. Actually, it is the opposite. In Michigan, the conservatives have a stranglehold on the appellate courts. The activism in this state comes from the conservative right, where Michigan Supreme Court openly states that it need not follow any prior precedent. In fact, the Michigan Supreme Court passed an administrative rule which allows the court of appeals to ignore any other court of appeals decisions prior to 1990 (when conservatives started to take control of the court through judicial appointments).

    Without precedent, how will lawyers advise their clients?

    Enrico Schaefer
    Traverse Legal

  3. My interpretation of mythago's meaning is that conservatives don't deem the Michigan Supreme Court activist because they like the outcome.


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