Reply To: Judicial Review


So it seems then that if someone is going to complain about the unintended, modern power of the Supreme Court, they should direct their ire not at the Supreme Court, but at those who choose to follow its decisions when they are not bound to do so. If the federal executive, federal legislature, and state governments have decided to be bound by Supreme Court decisions, that’s not the Supreme Court’s fault. Just like a call to states to grow a spine and exercise true federalism, one could say that all branches should grow spines and exercise their true constitutional obligations. I doubt Ruth Bader Ginsburg is going to show up with a shotgun to enforce Supreme Court decisions.