Topic > The Pros and Cons of Judicial Activism - 702

This decision becomes an example or authority for judges who decide similar issues later”) (law.cornell.edu). The Gideon & Betts cases take into account the fact that Gideon completely overturned the previous Betts case and broke with precedent by stating that all defendants have the right to counsel and could potentially be seen as a violation of stare decisis and as a case of judicial activism that distances itself from reality. role designated by the courts. However, the case of Gideon v Wainwright presented a question defined in the Constitution while the court had already ruled and did not violate the doctrine of political questions or the decision on political questions intended to be decided by legislatures. Since the Supreme Court reached its decision in the Gideon case by stating that the right to counsel was established in prior cases and applying the 6th and 14th Amendments to federal cases which extends the Bill of Rights within the states , this case (in the state of Florida) appears to be well within the Supreme Court's purview and they were right to hear its