Saturday 22 May 2010 - Filed under SCOTUS
Nathan Koppel via The Wall Street Journal:
Kagan articulates the basic proposition that judicial review is a necessary and desirable bulwark against majority will. But, she writes, review should be exercised with caution.
Though I absolutely agree with Kagan that judicial review is a necessary role in protecting Americans from the tyranny of the majority, I would add that judicial review should always be vigorously pursued in every case to ensure freedom from the tyranny of the majority. When you are the last protection against bad laws, you cannot afford to give deference to the only ones capable of tyranny.
2010-05-22 » madlibertarianguy