The Yale Law Journal

Scott D. Gerber

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The Political Theory of an Independent Judiciary

Scott D. Gerber

Many of the nation’s most influential constitutional law scholars have argued recently that judicial review should be sharply limited or eliminated altogether. The list includes such notable thinkers as Larry D. Kramer, Cass R. Sunstein, William M. Treanor, and Mark V. Tushnet. Mary Sarah Bilde…