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The Rehabilitationists: The Libertarian Movement to Undo the New Deal | The New Republic
“Selecting judges with the judicial mindset of ‘judicial restraint’ and ‘deference’ to the majoritarian branches leads to the results we witnessed,” Barnett warned in another Volokh Conspiracy post this summer, after Roberts once again saved the health care law. To Barnett, the proper role for judges isn’t modest or deferential at all, and it’s time for Republicans to start promoting conservatives who will embrace a more activist approach on the bench. “If conservative Republicans want a different performance from the judiciary in the future,” Barnett argued, “they must vet their presidential candidates to see whether they understand this point.”