Jamin B. Raskin is a professor of constitutional law at American University where he is also co-director of the AU Marshall-Brennan Fellows Program and the author of Overruling Democracy: The Supreme Court versus the American People.
Liberals need to think of the Republican Party's spreading control over the federal courts in democratic and not just civil-libertarian terms. Our traditional anxiety is that conservative judges will fail to protect the rights of political minorities from attack by an overzealous majority. But the greater danger today is quite the opposite. The new conservative legal agenda is a zealous project by a political minority to thwart the majority's legislative priorities and to undermine the democratic rights of the people.