Zachary Clopton writes: “Salvation is not coming from supreme court justices, whether in D.C. or the 50 state capitals. Rather, taking those justices down a peg — and bolstering more democratic solutions — might be the best path forward.”
tell us in the wake of the court’s decision to overrule Roe v. Wade. Protests at the court and the homes of the justices further reflect growing discontent with the court’s jurists.to recognize important rights under state constitutions. Even if there’s no right to privacy or abortion in the U.S. Constitution, state judges may find one in the constitution of New York or California or Michigan. State supreme courts, the theory goes, can save us.
Judicial supremacy is the idea that courts, and the Supreme Court in particular, should be the last and final arbiter of important policy questions. Judicial supremacy prioritizes the courts over legislatures, agencies and popular movements.is at the heart of the problem we are currently facing. To be sure, part of the critique of the U.S. Supreme Court is substantive. The court got it wrong on abortion and other important questions.
Focusing on state supreme courts eschews these alternatives, and it puts our fate in the hands of the least democratic branch. Even if this works today, there is no guarantee that these courts won’t turn their backs on important rights in the long term.
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