Viewpoints
Opinion

Republican Self-Government Versus Judicial Supremacy

Republican Self-Government Versus Judicial Supremacy
The U.S. Supreme Court is pictured in Washington on Feb. 1, 2020. Daniel Slim/AFP via Getty Images
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Commentary
Last June, the Supreme Court made its ruling in Bostock v. Clayton County, a case that asked whether Title VII of the Civil Rights Act of 1964 prohibited employers from discriminating against gay or transgender people. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan, the Court’s liberal core, were predictably aligned in favor of the view that it did. Chief Justice John Roberts, whose positions on such cases are harder to guess, sided with them, tipping the majority. Then came the sixth vote and the author of the majority opinion: Justice Neil Gorsuch.
Greg Weiner
Greg Weiner
Author
Greg Weiner is a political scientist at Assumption University and a visiting scholar at the American Enterprise Institute. His research centers on the political thought of the American founding as well as the political virtue of prudence. Weiner is the author of four books: “Madison’s Metronome: The Constitution, Majority Rule and the Tempo of American Politics;” “American Burke: The Uncommon Liberalism of Daniel Patrick Moynihan;” “The Political Constitution: The Case Against Judicial Supremacy;” and “Old Whigs: Burke, Lincoln and the Politics of Prudence.” He is currently working on a book about the importance of limitation in political life.
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