Commentary
It’s time for us as conservatives to rethink our judicial philosophy. For nearly 40 years, going back to the Robert Bork nomination in the 1980s, conservatives and Republicans have affirmed a philosophy of judicial restraint, in opposition to the liberal or progressive philosophy of judicial activism. But the latest Supreme Court decision in Fulton v. Philadelphia (pdf) should prompt us toward a fundamental reevaluation of both the philosophical and practical basis on which we nominate judges.
