The supreme court is supposed to be a 'check' on the political process. Is it still? | Erwin Chemerinsky
In two decisions announced on Thursday, the court’s conservative majority dodged its duty to protect the political process
by Erwin Chemerinsky
Jun 27, 2019
4 minutes
The most important role of the federal judiciary, including the supreme court, is to check the political process by enforcing the constitution.
At times, the court has performed this role admirably, as it did when it brought an end to the laws that created apartheid and required legal segregation of the races. At other times, the court has failed miserably – for example in continually upholding slavery before the civil war, and in allowing the government to intern 110,000 Japanese-Americans during the second world war.
As the supreme court finished its term on Thursday, it once again had a mixed record of being willing to stand up to the political process.
Most importantly,
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