A Guest Post by Robert Weisberg on the Relationship Between "Activism" and "Federalism"
Professor of law Robert Weisberg discusses the recent California Supreme Court case legalizing gay marriage and analyzes "the activism trope." Many activists are angry about the decision, stating it is undemocratic, but he writes, "[...] the focus on California is especially ironic. Here in the Golden State we have a ruling that may last just a few months, given the voters’ penchant for—indeed their addiction to—direct democracy."
Weisberg moves on to discuss some of the history of judicial politics in California, as well as some of the deeper constitutional and historical themes that are playing out in this case.