Serving as a “last line of defense” is a policy choice. That turns courts from legal institutions to political institutions, and we don’t want them to be politi

Serving as a “last line of defense” is a policy choice. That turns courts from legal institutions to political institutions, and we don’t want them to be political institutions because policy is arbitrary and why we have legislatures in the first place: they’re functionally power-sharing forums, and the constitutions instituting them power-sharing agreements.