Introduction

Larry Downing/Reuters

Opinions about the Supreme Court’s legitimacy and value usually depend on ideology. Conservatives shouted tyranny after the Supreme Court upended bans on same-sex marriage. Liberals were outraged when the court overturned campaign finance limitations in the Citizens United ruling and gutted the Voting Rights Act in the Shelby County case.

But absent the ideological scoreboard, how can we judge the merit of the court? Is judicial review of laws the best way to avoid political influence? Or is major change more lasting and accepted when it’s accomplished legislatively?