On one side, libertarian constitutionalists (like Bernick and Damon Root) disparage judicial deference and encourage judicial activism on behalf of (what they think are) constitutional rights.
In particular, I contend that the founders were believers in judicial restraint or judicial deference, while Root argues for a kind of libertarian judicial activism in defense of individual rights.
Trump had sought, arguing that “The sanctity of a jury verdict and the deference that must be accorded ... “It is not in the nature of judicial work to make everyone happy,” he wrote.
Raimondo and Relentless, Inc. v. Department of Commerce have overturned the long-standing judicial principle of “Chevron deference,” marking a significant shift in the balance of power between ...