Writing recently in The Guardian, left-wing law professors Ryan Doerfler and Samuel Moyn argue that progressives should stop trying to save the judiciary from being overrun by conservatives and instead make "'disempowering' federal courts" a top progressive priority. "Far from pulling [the judiciary] back from the edge," they write, "our goal has to be to push it off."
In place of an independent judiciary that's empowered to overrule the unconstitutional actions of elected officials, Doerfler and Moyn argue in favor of a system in which elected officials—and the popular majorities they ostensibly represent—are free to impose their agendas without judicial interference. If progressives want their political project to succeed, Doerfler and Moyn claim, then progressives must "reassign power away from the judiciary and to the political branches."
