As part of our focus this week on the Court and constitutional law, we are publishing today this essay from Jonathan Mitchell. Readers might be surprised at how much his critique of “judicial supremacy” from the right sounds very much like critiques of “judicial supremacy” from some quarters of the left, albeit for different substantive ends:

The Supreme Court of the United States has long asserted interpretive supremacy over the Constitution, and it expects and demands that the other institutions of our government treat its opinions as the final and authoritative exposition of constitutional meaning. This idea is known as “judicial supremacy.” It has enabled the Supreme Court to claim that its constitutional pronouncements bind not only the parties to a case but all government offici

See Full Page