Home -> Law Blog Directory -> Religion & Law Blogs -> Constitutionally Correct

Religion & Law

: Constitutionally Correct

Modernization, Moderation, and Political Minorities: A Response to Professor Strauss

By Alliance Alert

: "The Supreme Court is frequently accused of declaring laws unconstitutional based on little more than the justices' ideological preferences. In 'The Modernizing Mission of Judicial Review', 76 U. Chi. L. Rev. (forthcoming 2009), Professor Strauss argues that the Supreme Court's decisions in these areas are efforts to "modernize" the law by facilitating and accommodating developments in popular opinion, rather than actions that merely entrench the justices' ideological viewpoints or personal whims . . . His analysis overstates the Supreme Court's willingness and ability to accommodate future public opinion at the expense of judicial preferences; the Supreme Court simply has not displayed the level of modesty, or the respect for popular opinion, that Professor Strauss seeks to attribute to it."

Full post as published by Constitutionally Correct on May 19, 2009 (boomark / email).