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That is a misnomer. Of course, if that is the case, much attention that is paid to the appointment of judges is not warranted. Hence, the author expresses a point that has been made by some but is largely disfavored by a media that loves to accentuate the relevance of appointments.
Tushnet's (2005) point is this: he claims that judges are activists in their own way...
        
        
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Hence, the author expresses a point that has been made by some but is largely disfavored by a media that loves to accentuate the relevance of appointments.
Tushnet's (2005) point is this: he claims that judges are activists in their own way. This is quite a controversial position. Not only does he make this blanket statement but he goes through the court, judge by judge, and discerns each of their preferences...
        
        
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