Guest: Robert Bork
In his new book "Overruled: The Long War for Control of the U.S. Supreme Court," Reason Magazine Senior Editor Damon Root takes up a central question to our Constitution: Should the courts exercise restraint by allowing lawmakers to craft a wide range of legislation, or should they more actively defend individual rights from being overridden by majority rule? In fighting for the latter position, libertarians find themselves opposed to a long line of legal giants, from the progressive champion Oliver Wendell Holmes to conservative icon Robert Bork. Complicating matters, "judicial activism" has developed a reputation for abuse in the hands of politically-motivated judges. But in recent years, a libertarian legal movement rooted firmly in the Founders' vision of individual rights has grown to challenge the legacy of judicial restraint. Root will join Bob for the full hour this Sunday to discuss how a small "elite core of frontline fighters" has overcome the odds in numerous cases – from gun control to occupational licensing – to persuade judges to overrule government overreach.