FEATURE ARTICLE

November 2005

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Ball, Strike or Balk? Public Accountablity and Judicial Restraint in In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings

The recent confirmation hearings of Chief Justice Roberts were punctuated by discussions about the appropriate role of the judiciary in reviewing, and perhaps overturning, the actions of the legislative and executive branches of government. In the end, Chief Justice Roberts successfully explained his view that the courts are merely called upon to serve as impartial umpires, calling balls and strikes as even-handedly as possible on the actions hurled by the political branches.