Constitutional Courts and the Project of Democratic Defense

Courts should make the defense of democracy a priority

In the wake of the Kavanaugh nomination, a debate has erupted on the broadly progressive left about the role of constitutional courts in advancing valuable social ends. Samuel Moyn’s broadside against the “juristocracy,” and Andrew Seal’s response here reflect two potential positions. That debate has been so far focused on the relationship ...
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Constitutional Courts and the Project of Democratic Defense