Order in the court

How judges should think
Americans are locked in an intense conflict over the role of federal courts. Conservatives are deeply aggrieved by Supreme Court decisions in the past 30 years that have struck down laws against abortion, laws on homosexuality, and certain laws and policies promoting religion in the public square. In a 1996 symposium, “The End of Democracy?,” the journal First Things protested “an entrenched pattern of government by judges” and raised the possibility that “conscientious citizens can no longer give moral assent to the existing regime.”

 

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