The Supreme Court’s Big Cases
The justices being desperately in need of unsolicited advice, I provide some in my Bloomberg column today to help them decide the remaining cases on their docket concerning marriage and race.
We can ask a two-part question . . . that serves as a rough-and-ready guide to when the court should impose a policy. Did the people, by ratifying the Constitution or an amendment, mean to adopt that policy? Or did they mean to give the courts the power to force the adoption of the policy? If the answer to both questions is no, there should be a strong presumption against judicial intervention.
The results of asking those questions should be a set of decisions that fully pleases neither liberals nor conservatives but leaves both groups free to seek their preferred policies in the political arena.