The Supreme Court rules. From: First Things: A Monthly Journal of Religion and PublicLife | Date: October 1, 2003| Author: | COPYRIGHT 2003 Institute on Religion and Public Life. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

Not so very long ago, defenders of judicial activism felt it necessary to justify how an unelected body of lifetime appointees could become the definitive voice of constitutional authority in a democratic society. One thinks, for example, of Professor Alexander Bickel of Yale Law School, who understood that judicial review as practiced by the Warren Court differed not only in degree, but in kind, from prior custom. That the modern Court wandered far and wide across the political landscape was, in Bickel's view, not only unprecedented but deeply troubling. The Court, he feared, had ...

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