A plea for judicial restraint in the name of democracy probably won't change the outcome in Dobbs or prevent Roe from being overturned. But it may be important for those who don't want the court to act like a third legislative chamber.
Liberals have criticized the court for its hostility to Congress and to the administrative state. But they need a constitutional theory to counter originalism, rather than simply saying, "We're right, you're wrong." A more robust theory of judicial restraint could curb the court's excesses and reinforce the country's commitment to democracy.
www.cnn.com
Liberals have criticized the court for its hostility to Congress and to the administrative state. But they need a constitutional theory to counter originalism, rather than simply saying, "We're right, you're wrong." A more robust theory of judicial restraint could curb the court's excesses and reinforce the country's commitment to democracy.
Opinion: How liberals should rethink their view of the Supreme Court
Liberals should reconsider a constitutional theory that many of them championed for the first half of the 20th century yet abandoned during the 1960s -- judicial restraint, writes Brad Snyder.
www.cnn.com
