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splat | 10 years ago

> That unelected, life-tenured judges exercise this much authority over us, that they routinely subvert our collective democratic will as expressed through elections and referendums, that people even defend their votes for President on the basis of what kind of Supreme Court nominations they will likely make, does not suggest a healthy democracy.

Nor should it! The judiciary is at its best when it is overturning the will of the majority in order to defend the rights of minorities.

The Court did precisely that in its most celebrated cases (e.g., Brown v. Board, Lawrence v. Texas), and upheld the will of the majority in its most infamous cases (e.g., Dred Scott, Plessy v. Ferguson, Korematsu v. United States).

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