Conservatives commonly complain about “activist judges” pushing the court to the left when they disagree with the outcome of a court decision. But in a new study that examines “well over 20,000” judicial decisions, University of Chicago law professor Cass Sunstein concludes that the most activist judge on the Supreme Court is a conservative, Justice Antonin Scalia. The second most activist Justice was also a conservative, Justice Clarence Thomas, who was also found to be the most partisan Justice on the bench. Chief Justice John Roberts and Justice Samuel Alito were not included in the study because they have only been on the court for a short time.
Study: Thomas is the most ‘partisan’ Supreme Court justice, Scalia is the most ‘activist.’