Thread by @HongMathias

@anyabernstein / Glen Staszewski on "judicial populism": "It elevates the president" and the judiciary - and leaves out "legislatures and agencies, our primary institutions for considering divergent interests and views". 1/5

https://twitter.com/tribelaw/status/1471508421513867271

Roberts cast not limiting gerrymandering as the neutral option - and Kavanaugh (in the Dobbs argument) purported that overruling Roe would be. 2/

An "anti-populist approach to judging", "which we call democratic judging..., embraces pluralism in both perspective and method". 3/

"Using some preferred method of interpretation to yield an implausibly unequivocal correct answer is not enough. We should expect judges to give us reasons to agree that their interpretation is the best one for society." 4/

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"We show how textualism, originalism, and unitary executive theory share political populism’s anti-pluralist, anti-institutional, Manichean tendencies."

"[W]e should pursue a legal theory fit for a republican democracy. "

5/5

minnesotalawreview.org/wp-content/upl…