Summary and Complaints Against "judicial Extremism"
Largely associated with Cass R. Sunstein, it is a viewpoint which criticizes the more conservative stance of originalism as judicial activism in disguise. Minimalists believe that a faithful application of originalist theory would result in a system of constitutional law where modern societal mores would be ignored, in favor of the now-antiquated ones held by the Founders and would likely include ideas about gender equality, racism, etc. that modern society would find objectionable. Minimalists claim that conservatives who subscribe to originalism are likely to ignore precedent where it is convenient for conservative political aims. Minimalists also criticize traditional liberal judicial activism as overexpansive and also ignorant of precedent when it is convenient to liberal political aims.
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