No, the Supreme Court isn’t ‘undemocratic’
The shockwaves of this past Supreme Court term continue to shake the political left. Roe v. Wade is gone. Gun rights were further secured. Religious liberty was vindicated. The reaction among progressives (beyond anger) has been to attack the Court as illegitimate. Of course, they do not mean the Court is inherently unconstitutional. Article III makes that plain to even the most evolving of living constitutionalists. Instead, they say that the Court has committed two sins this term: the justices have engaged in judicial activism and they've acted undemocratically. These accusations seem based in frustration more than perceptive analysis. First, let’s tackle the claim that the Court engaged in judicial activism. The essence of judicial activism is to “legislate from the bench.
