The Corner

Are Judges The Greatest Threat?

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.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.


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