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Supreme Court grabbed more power in recent term
Philadelphia Inquirer (2008)
  • John C Yoo, University of California, Berkeley
The U.S. Supreme Court's 2007-08 term had something for everybody. Liberals came away with a victory on the cases testing the rights of Guantanamo Bay detainees. Conservatives prevailed with the court's first defense of the individual right to own and bear firearms. Liberals applauded the prohibition on the death penalty for the rape of minors; conservatives liked the overturning of a campaign-finance law. But the biggest winner by far was the court itself. Slowly but surely, the justices have expanded their power to make many of our society's fundamental political and moral decisions. Only the court now decides whether schools or the government can resort to race-based preferences when it admits students or doles out contracts. States and the federal government must live by the court's dictates on the regulation of abortion. Whether religious groups can help educate inner-city children or provide welfare services is up to the justices. Use of the death penalty, indeed whether each individual execution will go forward, is ultimately controlled by our unelected judges.
  • Supreme Court,
  • Judicial Review
Publication Date
August 10, 2008
Citation Information
John C Yoo. "Supreme Court grabbed more power in recent term" Philadelphia Inquirer (2008)
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