Broken Engagement?
June 22, 2016
In 2013, Clark Neily of the Institute for Justice wrote a book, Terms of Engagement, that called for a new model of judicial review, which he labeled “judicial engagement.” Judicial engagement would eliminate the “rational basis” standard of review in constitutional cases (which Neily derides as “judicial abdication” and “make-believe judging) and replace it — across the board — with “strict scrutiny” (which Neily regards as “real judging” and “genuine judicial review”).
Read more at National Review
