3 ms·
Setting aside the horrible website design... All of the examples the author gives on judicial review being a major, undemocratic problem (Dredd Scott, Plessy,
by HDMI_Cable 3y ago
Setting aside the horrible website design...
All of the examples the author gives on judicial review being a major, undemocratic problem (Dredd Scott, Plessy, Santa Clara v. Southern Pacific Railroad, even Marbury v. Madison) come at times when Congress and the President are unable to come to a decision themselves due to partisan gridlock and infighting.
In times where the government is able to act effectively, the supreme court doesn't institute controversial decisions. The real problem is partisan gridlock—judicial overreach is just a symptom, not a cause of our current problems.