Greg Weiner articulates a compelling argument for judicial deference—all things considered—to the elected branches of government. As he puts it: judges “can avoid decisions because someone else has already made them: elected officials. A reasonably consistent posture of deference to the elected branches . . . serves dual institutional purposes.” I want to push the tension between principle and deference a bit more than Greg does. On its face, judicial deference offers a modest institutional role for judges. This understanding rests squarely on a view that decisions made by legislative majorities are preferable to unelected judges. It is a powerful take. And right, … Continue reading Is Judicial Deference Principled?
Is there anything more galling than conservatives deploying the phrase “woke capitalism”? When social democrats use the phrase as a term of derision, at least they are being consistent, since they were skeptics about unregulated capitalism from the get-go. But to hear conservatives, who have for decades lauded radical laissez-faire and fear-mongered about taxes, regulation, and campaign finance limits, suddenly do an about-face on capitalism the moment that the markets start to steer in substantive directions they find uncomfortable, is quite remarkable. To be sure, not all conservatives are against regulation (especially when it comes to their own areas of moral … Continue reading “woke capitalism”