What SCOTUS Does Not Understand about Lawmaking

The Court may be correct in its implicit judgment that Congress chose the path of least resistance in reauthorizing section 4(b) without making substantial revisions. But that is how electorally accountable institutions operate. To suggest that Congress should have done more is naive at best, and the Court fails to offer a remedy that reflects the realities of lawmaking.

That is Scott Adler and John Wilkerson on the Shelby County decision.  More here.


3 Responses to What SCOTUS Does Not Understand about Lawmaking

  1. Scott Monje June 28, 2013 at 2:57 pm #

    Scalia is simply coming out in favor of the judicial review of legislators’ hidden motives.

  2. phil June 30, 2013 at 10:56 pm #

    Are you kidding me? The court should not take politics into consideration. They have one mandate: interpret the law in light of the constitution. What we need is NOT a complicit SCOTUS; what we need are legislators with backbones.

  3. Non Ivy League Grad Student July 3, 2013 at 2:03 pm #

    The reality of lawmaking is this: Congress is such a broken institution that Adler and Wilkinson’s own theory of reauthorization politics now provides no meaningful incentive for congressional action.