Source: Law & Liberty
by Jeffrey Bristol
“Courts are America’s most insulated political institutions. They’re insulated because they are the branch of government furthest removed from the sovereign people. Federal courts are especially removed: judges are not elected but are instead appointed by the President who himself is elected indirectly. Following their appointment, judges are then confirmed by the Senate, meaning they are three steps removed from the popular source of authority. … Many view this bulwark of counter-majoritarianism favorably. They claim it keeps our political and judicial house in order, grounding the principle of judicial supremacy where the Constitution means exactly what a judge says. This limits potential external interference in judges’ decision-making. Today’s myopic focus on judges blinds us to the presence of the most important party in the courtroom, the group wearing neither black robes nor, increasingly, a tie. That is the jury.” (10/28/24)