Thinking Outside the Box of Judicial Supremacy

Matthew J. Franck at National Review: In the weekend edition of the Wall Street Journal, Harvard law professor Mark Tushnet had a very smart essay raising the central question about the extent to which we are governed, on our most important political issues, by an unelected, unaccountable judiciary.  That question is, why do we put up with it?  No one can seriously say that what the Supreme Court did in the Windsor case last week was constitutional law.