EARL WARREN IS DEAD. Responding to the disastrous first full term of the Roberts Court, Edward Lazarus (not to be confused with our own Simon Lazarus) makes a very good point: The Warren Court was a historical anomaly. In American history, courts have generally tended to be conservative, and have often not been effective protectors of the rights of disempowered minorities. Admittedly, I think some progressives have taken this truth too far, arguing that because on balance courts have hurt progressive interests and have often failed to protect individual liberties every single court decision must be bad for progressives. This can lead to howlers like the claim that Roe v. Wade was bad for reproductive freedom. Still, the Roberts Court should serve as a strong reminder us that a naive faith in the inherent (as opposed to contingent) positive qualities of judicial review is very unwise. --Scott Lemieux
