Is Judicial Activism a Good Thing? Responded to my peers in their discussion


In responding to your classmates, discuss if judicial activism is a good thing and when it goes too far. List specific cases in which you believe judicial activism worked for the good or detriment of society in your answer

Peers Discussion

Judicial activism has come to play a fairly large role in our society. Judicial activism is essentially when a judge brings his or her personal beliefs into a case and makes decisions off of their feelings instead of simple law. A major example of this would be Roe vs Wade. Norma McCorvey (Roe), filed a lawsuit against her District Attorney, Henry Wade because she believed that Texas’ criminalization of abortion violated her civil rights. Many states had outlawed and criminalized abortions during this time. At the end of it all, Justice Harry Blackmun decided that Roe was correct and that abortion lays within a “woman’s zone of privacy”. This went on to alter state and national laws. But is abortion constitutionally included in privacy?

I believe that this case is such a major example because the judges seemed to make their decisions without really consulting the constitution.

I also feel that the Constitution lets judges to play this role by allowing them to interperet it however they see fit. The room for open interpretation is fairly large, so it could go either way.