By Michael Gentithes.
This Article analyzes the Supreme Court’s use of justiciability doctrines as judicial restraints both empirically and theoretically. It demonstrates that such restraints are often used in an activist way to preserve a (typically conservative) status quo. The Article then normatively evaluates the value of such “activist judicial restraint,” explaining that they threaten societal stability, create doctrinal incoherence, favor concrete monetary interests, and severely undermine institutional respect for the Supreme Court.