Professor Barry McDonald, "Should the Supreme Court Matter So Much?" -- New York Times
October 12, 2018 | Professor Barry P. McDonald has published on op-ed in the New York Times, "Should the Supreme Court Matter So
Much?" In the article, Professor McDonald argues that the Supreme Court needs to recover
the founders' vision of its modest role in the American system of self-government.
Excerpt from "Should the Supreme Court Matter So Much"
If you paused during the heated battle over Brett Kavanaugh's Supreme Court nomination to ask yourself whether it made any sense for the appointment of one individual to one position in our government to matter so much, let me assure you: The answer is no. It doesn't make any sense.
Why did Justice Kavanaugh's confirmation matter so much? Because the Supreme Court has come to matter so much — indeed, because it has come to matter too much. The court has become a political actor that wields excessive power in our democracy. The uproar over the Kavanaugh hearings was, at bottom, a reflection of that unfortunate fact.
The complete article may be found here