Bench Memos

That Will Column

I join Mark in finding it somewhat odd. Obviously Will believes that conservatives are overdosing on majoritarianism and that he is supplying a useful corrective. But all he has succeeded in doing is refuting the argument that judicial activism is wrong simply because it overrules temporary majorities of the public. His major refutation of that argument is that other features of government, such as the Senate, also have the power to overrule temporary majorities. But nobody actually makes the argument that Will refutes. Most conservatives who object to the anti-majoritarianism of judicial activism object to it because they believe it tilts government further away from majoritarianism than the Constitution, properly construed, does.

Ramesh Ponnuru — Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg View, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

Most Popular


The State of the Race for the House

Way back in January, I went through the then-34 seats where a Republican incumbent was retiring and concluded that most were in deeply red districts and not likely to flip to Democrats. Pollsters and media organizations are less inclined to conduct surveys of House races, both because there’s less public ... Read More
PC Culture

Warren Is a Fraud

Senator Elizabeth Warren (D., Mass.) has been telling a story for years. It’s a deeply romantic story about her parents and their young love, fraught with the familial bigotry of an earlier time. Here’s how she told it this week in a video she released in preparation for her 2020 run: My daddy always said he ... Read More