The Real Judicial Activists
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CitationCass R. Sunstein & Thomas Miles, The Real Judicial Activists, 18 Am. Prospect, Jan. 2007, at 9.
AbstractTo understand these figures, we observed that the Clinton administration sometimes made conservative decisions, challenged in the Supreme Court by public interest groups, and both Bush administrations sometimes made liberal decisions, challenged in the Supreme Court by industry. In lower court cases in the areas of environmental and labor law, we find an essentially identical rate of pro-executive voting across Democratic and Republican appointees.
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