From Judicial Review in an Objective Legal System: An Interview with Tara Smith | The Undercurrent:

[Dr. Smith:] …readers should care because the stakes are huge. We are talking about the law—about government power, about power to force you to do things you don’t want to do. Now that’s a legitimate power. But if we’re to have a just government that treats people as they deserve, that government must be constrained to do only what it needs to do, to do its job. The government’s authority is limited to that.

Courts, through judicial review, when people challenge certain applications of the law, play a crucial role in keeping the government limited to its authorized activities. Judicial review is designed to make sure it is the law that governs, and not anything else.

TU: Antonin Scalia is perhaps the most widely-known Supreme Court justice, and is seen by many as an authority in this field. What’s your estimation of Scalia’s approach to judging?

Dr. Smith: It’s fatally flawed. There are isolated lines to like in some of his opinions, but there are far more serious errors—damaging errors. […]

Read the rest of the interview to learn why.

Radicals for Capitalism

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