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Bench Memos

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Error by Consensus



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From our editorial on SCOTUS up today:

The Court has helped bring into being a significant degree of polarization about itself — so much that it is not at all clear that any candidate could generate a consensus. What the president should instead seek is a candidate who is committed to the rule of law. The rule of law entails predictable, because rule-bound, judicial decisions. It entails respect for the intentions of the sovereign people who ratified the Constitution and who ratified the amendments to it: If what they ratified needs to be changed, change should occur through a lawful process of amendment rather than judicial revision. It entails some respect for precedent, but does not confuse the stability of Court-made “constitutional law” with fidelity to the Constitution.


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