"How much of this corrosion of democracy are we willing to take? And what happens when we put our foot down?
Injustices flirts with these questions but ultimately shies away from any definitive answer. But of course, the solution here is obvious: If we want to curb the Supreme Court’s power, all we have to do is ignore it. Issue enough rulings that antagonize both liberals and conservatives, and the court might just castrate itself, leading legislatures in red and blue states alike to start ignoring its proclamations. That’ll be a sad fate for a briefly great institution—but also a happy day for American democracy. At bottom, the Supreme Court exists to enforce the rule of law. When the justices break that rule themselves, the remedy is obvious: The court has got to go...."
"Given that ambiguous silence, shouldn’t Congress, too, get to play some role in interpreting the Constitution’s majestic generalities?
When duly elected representatives of the people find that legislation grants “due process of law” and “equal protection,” shouldn’t that decision be accorded deference by nine unelected judges? And in a constitutional food fight between Congress and the court, shouldn’t the democratic process win out over the labyrinthine legal doctrines dreamed up by lawyers?..."
"How has the Supreme Court gotten away with so much bad behavior for so long?
It has no army to enforce its rulings, no police force to ensure compliance. In pragmatic terms, there are probably three things that keep American law tethered to the court. First, most of us, especially those in government, simply feel like there’s no other option but to follow the justices’ orders...."