Gorsuch represents the growing ascendancy of one kind of conservative jurisprudence, “judicial engagement,” over another kind, “judicial deference.” Many conservatives have embraced populism where it least belongs, in judicial reasoning. They have advocated broad judicial deference to decisions because they emanate from majoritarian institutions and processes. Progressives favor such deference because it liberates executive power from congressional direction or judicial supervision. Gorsuch, a thinking person’s conservative, declines to be complicit in this, which raises this question: When has a progressive justice provided the fifth vote joining four conservative colleagues?
David Henderson goes to the movies.
Jeff Jacoby pleads for better manners in our public discourse.
GMU Econ alum Will Luther defends cash.
George Selgin examines the Fed’s policy of paying interest on excess reserves.
Mitch Daniels decries presentism.
Here’s a revealing Earth Day visual from Pat Michaels.
And from Mark Perry we get yet more sound Earth Day information.
