A judge shouldn’t abandon the spirit of antirust law for JetBlue ...Middle East

If anything has defined the conservative legal movement for the last half century, it’s the understanding that courts simply should declare what the law is, not what it should be. Judges are umpires, not players. They call balls and strikes, not plays. That has been our constitutional order since at least 1803’s Marbury v. Madison. Conservatives have long carried this mantle and the triumph of textualism and judicial restraint have done important work to end policymaking from the bench. And yet, judicial activism remains. Nowhere is this more pronounced than antitrust law and specifically, merger enforcement. In the Clayton Act, Congress charged the Justice Department with deter

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A judge shouldn’t abandon the spirit of antirust law for JetBlue ...Middle East

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