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Clark Neily joins us for a discussion on judicial engagement and judicial abdication.
Clark Neily joins us this week for a discussion on judicial engagement. Neily contrasts judges' findings in cases with stringent standards of review—which he characterizes as a genuine quest for the truth from a truly neutral adjudicator, decided on the basis of evidence—with what he calls judicial abdication: the tendency of judges to default to a rational basis review of speculative justification by the government. They also discuss the right to earn a living, judicial activism, and the defining essence of the Constitution.
Show Notes and Further Reading
Clark Neily, Terms of Engagement: How Our Courts Should Enforce the Constitution's Promise of Limited Government (book)
Timothy Sandefur, The Right to Earn a Living: Economic Freedom and the Law (book)
Clark Neily is on Twitter at @ConLawWarrior.
Clark Neily is senior vice president for legal studies at the Cato Institute. His areas of interest include constitutional law, overcriminalization, coercive plea bargaining, police accountability, and gun rights. Before joining Cato in 2017, Neily was a senior attorney and constitutional litigator at the Institute for Justice and director of the Institute’s Center for Judicial Engagement.