The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.
A 2007 Debate Provoked by Richard Posner Illuminates the Current Clash Over Judicial Power in Israel
The appeals court judge argued that the Israeli Supreme Court had usurped the role of legislators.
Opponents of the reforms favored by Prime Minister Benjamin Netanyahu's coalition should acknowledge the threat posed by unconstrained majority rule.
A new opinion concludes Ohio courts need not defer to agency interpretations. The justices are not unanimous, but no justice writes in favor of deference.
The article challenges longstanding conventional wisdom claiming that judicial review of democratically enacted laws is at odds with popular political choice.
Decisions that progressives don't like are not necessarily a sign that something has gone horribly wrong.
My Jotwell Review of Lindsay Wiley and Steve Vladeck's "Coronavirus, Civil Liberties, and the Courts"
They argue that courts should engage in "normal," not specially deferential judicial review of coronavirus emergency measures.
Who will rein in the ever-expanding administrative state?
In his new memoir, the retired justice seeks to justify his awful eminent domain ruling.
Constitutional law could be improved by taking account of the principle that "with great power, comes great responsibility."