The theory of New Deal liberals, which commanded a majority of the Court for nearly a decade in the 60s, is that judicial review was particularly important in cases where the rights of “discrete and insular minorities” are under attack, and where democratic processes are being thwarted by powerful interests. The theory of the Roberts Court is stands this precisely on its head: the Supreme Court is much more solicitous of the rights of powerful interests, and has been an active collaborator with state efforts to disenfranchise voters.
-Scott Lemieux, LGM
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