The Myth of "Judicial Activism"
By Richard Head on October 1, 2011
Contrary to those on the right who decry "activist judges," the reality is just the opposite. In a new report from the Institute of Justice, the authors excoriate the judiciary for disengagement and abdication, rather than activism.
Consider the following:
The report finds:
• Congress passed 15,817 laws from 1954 to 2002. The Supreme Court struck down 103—or just two-thirds of one percent.
• State legislatures passed 1,006,649 laws over the same period but the Court only struck down 452—or less than one twentieth of one percent.
• The federal government adopted 21,462 regulations from 1986-2006. The Court struck down 121—or about a half of a percent.
• In any given year, the Court strikes down just three out of every 5,000 laws passed by Congress and state legislatures.
• The Supreme Court overturned precedents in just two percent of cases considered from 1954 to 2010.
Be sure to download the 20-page report (listed on the site above) if you want the details.

