Public confidence in the U.S. Supreme Court is plummeting. At least, that’s what opinion polls tell us in the wake of the court’s decision to overrule Roe v. Wade. Protests at the court and the homes of the justices further reflect growing discontent with the court’s jurists.
One outlet for this discontent has been a call to get state courts to recognize important rights under state constitutions. Even if there’s no right to privacy or abortion in the U.S. Constitution, state judges may find one in the constitution of New York or California or Michigan. State supreme courts, the theory goes, can save us.
But this approach is wrong, or at least oversold, because it promotes judicial lawmaking over more democratic solutions.
