Senator Rand Paul, a self-described “constitutional conservative,” suggested — surely in a bit of careless rhetoric — that courts should step in whenever “a legislature does bad things” or does “wrong.” NRO is running an article by Evan Bernick attempting to defend the thrust of these remarks, although he is silent about those particular quotes. (An example, perhaps, of judicious restraint.) NRO also has an article by Ed Whelan criticizing Senator Paul. I think Whelan has the better case.

There is of course legitimate debate to be had over the proper scope of judicial power, and the protection of individual rights is an important part of the judicial role. But that role follows from the courts’ primary task of upholding the law and should not be substituted for it.