The Courts Won’t Save Us

Kate Shaw: “Federal courts, are limited in both power and reach. They are by design slow and reactive. They are not self-starters: They can rule only in cases properly before them, which means there needs to be a party experiencing a particular injury that is continuing or will imminently occur and that the judicial process can remedy…”

“Courts typically confront cases raising discrete questions, meaning there’s an atomistic nature to constitutional law and constitutional adjudication… They cannot act as roving guarantors of the rule of law.”