Can Judicial Resistance Last?

Document Type

Article

Publication Date

Fall 2025

ISSN

1931-8707

Publisher

Democracy: A Journal of Ideas, Inc.

Language

en-US

Abstract

Despite the mixed results, for now a deep reverence for judicial review has reasserted itself across the land. Poll after poll shows that Americans believe that a President should obey the courts, even if many paradoxically also want leaders who will break some eggs to make big changes. But what in fact is the role of courts in a democracy in a deeper sense? In our view, ensuring the survival of democracy in a populist age turns on this crucial question. Having realistic expectations of what judges can do to help and a clear understanding of how their involvement can be counterproductive is essential to minimizing unconstitutional harms and clearing pathways for the political mobilization that can truly heal democracy.

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