Advice & Dissent: The Struggle to Shape the Federal Judiciary

For better or worse, federal judges in the United States today are asked to resolve some of the nations most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.s blanket ban on handgun ownership,