The Roberts Court: A Shift Towards Judicial Restraint in History
The Roberts Court is the least activist Supreme Court in history, showing unusual restraint in using judicial review. It is less likely to strike down federal laws and even less likely to invalidate state laws. Conservative justices are more willing to strike down statutes, but liberal justices struggle to form majorities to strike down state laws. The return of judicial activism on the Court may depend on the appointment of more liberal Justices.