Polarization, Victimization, and Judicial Review

Once upon a time, not that long ago, we had a pretty good explanation for why judicial review exists. It is the account generally associated with the Carolene Products footnote[1]—not necessarily the specific language of the footnote, but the understanding of judicial review reflected in the footnote. The premise is that, for the most part, important decisions in a nation like ours should be made by politically accountable officials, not by courts.