One measure [of activism] is to ask how willing the Court seems to be to step in and overturn an act of Congress. By that standard, activism abounded in the 2012–13 Term’s marquee cases.
The right of 'recognition' in Windsor . . . was not some untethered judicial creation, but rather an entitlement to federal recognition of state law rights created in the democratic exercise of the states’ reserved powers. That right is utterly familiar—and fundamental.
[C]onstitutional dignity in the United States should be about individual rights and liberties or about the related limits on government power. The dignity of recognition, no doubt pressing for individuals wishing to be recognized, is better left to the political process.
[T]he President’s January 4, 2012 'recess' appointments are triply flawed, violating the two textual limitations in the Recess Appointments Clause, and likewise violating the modern consensus between the political branches.
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