Gorsuch, the Ninth Circuit, and judicial activism
In an op-ed in The Daily Signal, following the Ninth Circuit's immigration decision, Curt Levey writes that "the confirmation process for Supreme Court nominee Neil Gorsuch takes on added significance" in light of "what will surely be a long series of pitched legal battles—many reaching the high court—as progressives pursue their promise to fight the president at every turn."
Mr. Levey notes that "Democrats, along with much of the mainstream media, assert that this [legal] war is inevitable and necessary to restrain an allegedly lawless president."
However, Levey disagrees:
"If lawlessness is at the center of the coming legal war, it will instead be the lawlessness of judicial activism, which we got a taste of in the Ni