The Corner

Law & the Courts

‘Yes, the Supreme Court Is Undemocratic’

I wrote about the Left’s new plaint about the Court today:

In an era of partisan polarization, it is rare to get agreement on anything, but about this there should be a consensus: The Supreme Court is an undemocratic institution whose power should be carefully circumscribed.

The Right has long been of this view, and the Left is suddenly and opportunistically partway there.

In an essay capturing progressives’ newfound skepticism, Ezra Klein of Vox wrote that the Supreme Court “has always been undemocratic” and is now becoming even “more dangerous.”

This represents a welcome turnabout from cheering the high court’s de facto legislating, although the Left is about a half-century late to the insight that the court isn’t a democratically elected legislature.

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