June 01, 2005

Judicial Review Debate

Ah, the Debate Club I've been waiting for: Mark Tushnet and Erwin Chemerinsky debate judicial review over at Legal Affairs. Earlier, long posts on this subject here and here. It should be said that, as fun as this discussion is, there's no conceivable way judicial review will ever be abolished, barring an unlikely constitutional amendment. The Supreme Court isn't suddenly going to wake up one morning and "discover" that it's been arrogating a bit too much power from Congress these past 200 years. On the other hand, if enough people start pulling Tom DeLays and carping on judicial review, judges might start showing more deference to the legislature. But I have no reason to believe that's true.

-- Brad Plumer 7:01 PM || ||