The Atlantic

Judicial Review Solves a Problem of Power

A progressive’s call to undermine it is shortsighted.
Source: Joshua Roberts / Reuters

Progressives do not want Donald Trump, Mitch McConnell, or other powerful Republicans to ignore the Supreme Court when they disagree with its rulings. Doing so would upend a constitutional order that has prevailed for more than 200 years.

Under judicial review––the courts’ ability to check the constitutional validity of laws that legislative majorities pass and executives sign––the postwar Supreme Court has repeatedly thwarted democratic majorities. It has

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