Replacing a Justice Shouldn’t Be So Excruciating

By Megan McArdle – Running more and more issues through the appellate courts, rather than struggling through the legislative process, has two terrible effects.

First, it federalizes more and more issues, in an era when values and ideologies tend to be sharply partisan and geographically divided.

If you were a pro-lifer in Alabama, you probably wouldn’t get on a bus to Albany to protest New Yorkers’ more liberal abortion laws. But when federal courts decided that abortion law would be substantially the same everywhere in the country, proponents of abortion rights and opponents of abortion became locked in a battle over the court that sets the rules.

And also still squabble at state and local levels, of course. more>


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