Republican judicial activism in Citizens United

Law professor Dan Farber of UC-Berkeley notes of the Republican Supreme Court's decision in Citizens United that it represents a striking incidence of judicial activism (Of the corporations, by the corporations, and for the corporations?):

The Court’s decision in Citizens United was something of a foregone conclusion. Still, it was a bit breathtaking. The Court was obviously poised to strike down the latest Congressional restrictions on corporate political expenditures. But the Court went further and struck down even restrictions that had been upheld thirty years ago. Seldom has a majority been so eager to reach out, address a question that wasn’t presented by the parties and overrule a bevy of prior decisions. The term “judicial activism” is overused but seems entirely appropriate here.

I had to smile a bit at the professorial phrase "a bit breathtaking". That's little like "a little bit pregnant". Or the phrase that native German-speakers often use in English, "I'm freezing a little".

Tags: citizens united decision, republican supreme court