The Imperative of A Boring Judiciary

As is often the case recently, we’re told we face a crisis. The country stands existentially threatened by an oppressive, authoritarian regime—never mind that this regime was elected within a rounding error, has no discernable popular mandate, and enjoys the support of a paltry majority in one house of Congress, no majority in the other, and a third of state legislative chambers.

We’re told our only hope is a few dozen recent Republican appointees to the federal judiciary. But even they can save us only if they adopt a new interpretive method, one more faithful not to our written laws but to the “project” of our Founding. These judges must transform themselves from boring, black-robed “technocrats” into Herculean “statesmen.”

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