TODD: A national treasure
By James Todd | September 15, 2013Much has been written through the years about activist judges; however, the definition of activism is somewhat elusive. I’ve heard both the late Chief Justice Rehnquist and retired Justice Sandra Day O’Connor say that an activist decision is one with which you do not agree. There’s a lot of truth to that, but it’s not very helpful identifying the line beyond which a judge has exceeded his or her proper role.