American society is deeply conflicted – perhaps it would be more accurate to say schizophrenic – with respect to the role that both elected and appointed judges should play (and should be allowed to play) in the governance of a constitutional democracy with a long tradition of judicial review.

On the one hand, Americans of every political stripe and every social stratum are quick to “go to law” to achieve vindication (or establishment) of their rights, eagerly egging judges on as they craft novel remedies for the perceived ills of society. Sooner or later, it seems, every issue of social policy, from the most fundamental to the most trivial, will be presented to an American court for adjudication.