Courting the Supreme
Damon W. Root defends the value of judicial review for Reason:
Democracy can be a wonderful thing, but it also has its limits.
Of course the usual example of civil rights requiring the the antidemocratic powers of the Court is artfully wielded.
But so what? People don’t care about institutions. People care about outcomes. Liberals don’t like the Court today because they correctly see it as a conservative counter-weight to their legislative accomplishments. And of course, you don’t hear Republicans complaining so loudly about activist judges these days. You can’t take any institutional critique at face value, they are almost always arguments for policy preferences cloaked in the rhetoric of democratic theory. See also the Filibuster.
Link via Munger on the Twitter and if he wasn’t the one who first taught me that he could have been.
