Here’s a slight note of dissent. I certainly agree that the judiciary has strayed far beyond its proper role. But I don’t share the view voiced by many conservatives that judges are the greatest threat to liberty and self-government in America today. It is the political branches that refuse to cut spending, adopt budget-busting entitlements, suppress political speech, create uncontrollable bureaucracies, authorize regulatory intrusions into everyday life, and so on. To me, this remains a far greater threat than the occasional judicial usurpation. Don’t get me wrong. I think the judiciary is exceedingly important, but I also think conservatives should be careful not to overstate the judiciary’s impact.
Share this story

About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
Advertisement
Advertisement





Comments