Battle for the Supreme Court: Judicial Activism vs. Restraint

Reason's Damon Root Discusses the Battle for Control Over the Country's Highest Court


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"The libertarian moment that's happening right now is the product of 30 years of academic work, legal activism, and lawyers bringing cases arguing that the role of the courts is to protect individual rights and to put a stop to government overreach," says Damon Root, senior editor at Reason Magazine and author of the new book Overruled: The Long War for Control of the U.S. Supreme Court.

Overruled gives a fascinating historical account of the battle between two competing visions regarding the proper role of the Supreme Court–a battle which continues to shape our constitutional system today. Should the court defer to the majority's will? Or does it have the power and responsibility to protect individual rights?

Root recently sat down with Reason TV's Nick Gillespie to discuss this battle for control and why today's libertarians are fed up with the practice of judicial restraint. Libertarians are calling for the courts to increasingly police the other branches of government and snuff out any state or federal law that infringes on constitutionally protected personal and economic freedoms.  

About 22 minutes. Camera by Jim Epstein and Anthony Fisher. Edited by Amanda Winkler. 

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