This article is component of a Prospect symposium on judicial review and the separation of powers. I was delighted to examine the responses from Damon Silvers and Erwin Chemerinsky to my report proposing the abolition of judicial evaluate. It’s an vital, important discussion, but I have criticisms of both their arguments. Silvers is more on my aspect. He admits that the present-day Supreme Court is out of control—passing selections based mostly on shamelessly contradictory reasoning, revealing nothing at all but lawless conservative will to power—and argues it demands to be reconstructed and consequently reined in. So much, all to the great. His scenario for judicial assessment (only soon after a…