Restraining Judicial Restraint

I agree with George that judicial restraint in and of itself does not provide a standard for judging. It may be worth separating two questions: the scope of judicial authority on the one hand and how it should be used on the other. Left wholly to itself, judicial restraint would be agnostic as to how cases should be decided. It would only care whether they should be decided. In other words, one could be an originalist or a living constitutionalist and still believe judges should be restrained. That is inextricable from a belief that constitutional questions are not the exclusive … Continue reading Restraining Judicial Restraint

Adam White on Court Reform and the Politics of Self-Restraint

Earlier today, the White House released a statement from Adam White, who served on the President’s Commission on the Supreme Court of the United States, outlining why he believes the reforms the panel analyzed are dangerous. It merits careful reading. White puts reforms to a simple test: “Would the changes improve the Court’s capacity to function as a court?” His answer is emphatically no to court-packing. He delivers an compelling rebuttal to term limits for the Court. If these are keyed to presidential terms, White argues, they risk delegitimizing the Court by dragging them further into the rhythms of electoral politics. White’s … Continue reading Adam White on Court Reform and the Politics of Self-Restraint