Over the past three decades, legal academics have mounted a sustained attack on the traditional liberal idea that judges protect minority rights against majority will.
January
2025
For helpful conversations and feedback, I am grateful to Will Baude, Emily Buss, Travis Crum, Justin Driver, William Hubbard, Lucy Kaufman, Brian Leiter, Jonathan Masur, Wendy Moffat, John Rappaport, David Strauss, Laura Weinrib, and the editors of The University of Chicago Law Review.
Over the past three decades, legal academics have mounted a sustained attack on the traditional liberal idea that judges protect minority rights against majority will.