How Supreme is the Court?
September 20, 2020 12:21 PM Subscribe
"Judicial supremacy" -- the idea that the courts, and the Supreme Court in particular -- have the final word on constitutional law and popular rights, is a disputed idea. Former Stanford Law Dean Larry Kramer has argued for years that the founders understood that "the people, themselves" ultimately must exert democratic control over the Court; Lincoln took the same view. Kramer views the brief flowering of the Warren Court as seducing liberals to defer to the traditionally conservative SCOTUS; Larry Tribe disagrees. Debate over the rule of the Court means a relook at its power is gaining adherents both left and right. One enduring proposal is that the Court should fundamentally be focused on strengthening democracy, while ceding control in other areas. At the moment, that's not going great.
This thread has been archived and is closed to new comments