David's Hammer: The Case for An Activist Judiciary

By Clint Bolick | Go to book overview
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Page references followed by n denote footnotes.
abortion and abortion rights, 21, 55, 61
Abrahamson, Shirley, 150
Active Liberty: Interpreting Our Democratic Constitution, 31–32
Adler, Jonathan, 119
Agostini v. Felton, 134, 137
Agricultural Adjustment Act of 1938, 57
Aguilar v. Avis Rent a Car System, 153–54
alcohol laws, state, 7
underage access issue, 10, 11–14, 15
Alito, Samuel, 73, 163
Alliance Defense Fund, 71
American Civil Liberties Union, 9, 128
anti-discrimination laws, homosexuals and, 80–81
anti-forfeiture and anti-monopoly provisions, state constitutions, 148–49
Bailey v. Myers, 139–41
school-choice programs, 127, 130, 132, 133, 137
Articles of Confederation, 5
Ashcroft, John, 22, 95
Bacchus Imports v. Dias, 8–9, 12–15
Bailey, Randy, 139–41
Barnett, Randy, 20, 29, 40, 55
Barron v. Mayor and City Council of Baltimore, 41, 42
Becket Fund, 71
Berman, Richard, 10–12
Berman v. Parker, 115, 118
Biden, Joseph, 88
Bingham, John, 100
Black, Hugo, 58, 60
Blackmun, Harry, 67, 77
Blaine amendments (state constitutions), 136–38, 151–52
Board of Education of Oklahoma City Public Schools v. Dowell, 76
Boaz, David, xi
Boggs, Danny J., 9, 108
Bork, Robert, 9, 32, 50n, 88
on federal courts and Supreme Court, 22–23, 26
Bowers v. Hardwick, 79
Boy Scouts of America v. Dale, 78–80
Brennan, William, 60, 65
on reading guarantees of state constitutions, 145–46
Texas v. Johnson, 77
Breyer, Stephen, 13, 15, 28
active liberty theory, 31–33, 73, 136
judicial philosophy, 73
Kelo v. City of New London, 116
Lawrence v. Texas, 79
Mitchell v. Helms, 134–35, 136
Romer v. Evans, 80
school-choice program concerns, 136
Troxel v. Granville, 93
votes in support of freedom, 74
Zelman v. Simmons-Harris, 136
Brown, Ego, 104–5, 110, 158
Brown, Janice Rogers, 150, 153–55
Brown v. Board of Education, 3, 44, 64–65
Burger, Warren, 66–67
Bush, George H.W., 70, 72
Bush, George W., 21–22, 72
Bush (G.W.) administration, 26, 162
Bush v. Gore, 24, 61, 162
Aguilar v. Avis Rent a Car System, 153–54
Cornwell precedent, 107
Gonzales v. Raich and medicinal marijuana legislation, 26, 85, 94–95
Proposition 209, 154
Saenz v. Roe, 92, 93
San Remo Hotel L.P. v. City and County of San Francisco, 154–55
campaign finance restrictions, 36n, 77–78, 162


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