Welcome to OrderintheCourt.org

Our new site profiles federal judges and judicial nominees, and provides analysis of current and historical court rulings in which judges acted as policy-makers instead of faithful interpreters of the law. This archive of activist decisions is searchable by case, court, judge, or topic. Think we’re missing something? You can make recommendations below. Just include the court, area of law and a brief summary.

Supreme Court Overrules Austin v. Michigan Chamber of Commerce

Today, the Court released its opinion in Citizens United v. FEC, overruling the activist case of Austin v. Michigan Chamber of Commerce, in which the Supreme Court upheld a statute prohibiting corporations from making independent expenditures in support of or in opposition to state political candidates. Today, the Court concluded that this prohibition violated First Amendment Free Speech rights. For a description of Austin and a link to the Court's opinion in Citizens United, click here.

Is the Personal Mandate to Buy Health Insurance Unconstitutional?

Can Congress require all Americans to buy a new Chevy every year or pay a tax equivalent to the price of a new Impala? Some members of Congress claim that power in the health care debate. Indeed, all the leading health care bills being debated in Congress require Americans to either secure or purchase health insurance with a particular threshold of coverage. Such a purchase mandate has never been attempted. Heritage has just released paper exploring the unconstitutionality of this unprecedented mandate. Click here to read the paper.

What is Judicial Activism?

Judicial activism occurs when judges write subjective policy preferences into the law rather than apply the law impartially according to its original meaning.

There are nine types of Judicial Activism:

Get e-mail updates:

First Name: Last Name: E-mail:
The Heritage Foundation