The Right’s Assault on the Courts and the Progressive Response

It’s tough to read a newspaper or journal of opinion these days without coming across an attack on the judiciary. "Activist" or "elite" judges are being demonized as thwarting the will of the people in high profile cases, most recently the sad proceedings surrounding Terri Schiavo and in the high-profile case of Roper v. Simmons (in which the Supreme Court declared juvenile capital punishment unconstitutional). And sadly, progressives are weak on this issue, despite the critical importance of defending the principle of judicial independence, regardless of how we feel about the Rehnquist Court and its record.

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