Critics of the High Court's current doctrine of judicial activism see Mr Rubinstein's role as an extension of a dangerous and destabilising process.

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Morgan recommended that the court deny this request May 7, ruling that the doctrine of judicial estoppel did not bar Fedorov from pursuing his claims against his former firm.

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The individual insurance mandate at the core of the 2, 000-page law will test the faith of Chief Justice John Roberts in the doctrine of judicial restraint, as well as the wisdom of letting representatives who are accountable to the voters devise wide-ranging schemes of economic regulation.

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The doctrine was intended to promote people speaking freely at judicial proceedings without fear of being sued and to avoid hindering an attorney's advocacy for his or her client.

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