A Normal Supreme Court

Abstract

There is little new under the sun, especially when it comes to the Court and its critics. People have long argued that the Court is out of control; but in our sys-tem, rightly or wrongly, we have deliberately insulated the Court from certain kinds of control. As a result, the justices make decisions based on their own judgments, however controversial, about how to interpret the Constitution. This is just the normal operation of our Supreme Court, for better or worse. All that’s changing is which particular decisions are being made, and which partic-ular precedents are being reversed.