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."