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Posts Tagged ‘Judicial Restraint’

Ohio Supreme Court on NRO

Thursday, October 30th, 2008

Case Western Reserve law professor Jonathan Adler was a guest on a recent Buckeye Voices discussing the Ohio Supreme Court. He now has this excellent article on National Review Online discussing many of the same issues related to Ohio’s highest court.  Adler points out that the court currently has a majority of justices who exercise modesty and restraint on the bench.  Unlike a decade ago, the court now decides cases pursuant to the dictates of Ohio’s statutes and Constitution, as opposed to deciding cases on the basis of their own personal policy preferences. Two of the justices making up this new majority are up for reelection in 2008.

Adler writes:

In choosing between two incumbent justices and their challengers, Ohioans will decide whether they like the Supreme Court’s turn toward judicial modesty. At stake is whether the current trends on the Ohio supreme court are likely to continue. However Ohioans decide, it could affect Ohio’s legal system for years to come.”

Ohio Supreme Court on Buckeye Voices

Friday, October 24th, 2008

I recorded a Buckeye Voices podcast with Case Western Reserve University Law Professor Jonathan Adler today. He and his wife, Christina, provide an in-depth analysis of the Ohio Supreme Court’s recent evolution in this new paper recently published by the Federalist Society.

The Adlers make a persuasive case that the Ohio Supreme Court has dramatically improved over the last decade, due in large part to activist justices retiring and voters replacing them with justices who exercise restraint from the bench.