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The Justices Have No Clothes
Following the Republican Party's successes in blocking Democratic Supreme Court appointments and installing three new justices of its own, the institution's partisan nature has become increasingly apparent to ordinary Americans. But the Court's problems are not the result only of recent electoral outcomes.
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Mark Tushnet and Bojan Bugarič, Power to the People: Constitutionalism in the Age of Populism, Oxford University Press, 2021.
BERLIN – During periods of autocratic, populist upheaval, judges tend to find themselves in the political crosshairs. Faced with leaders who are bent on hollowing out the rule of law, the judiciary often must choose between bending the knee and defiantly asserting the supremacy of fundamental legal norms, come what may.