William N. Eskridge Jr.

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Pluralism and Distrust: How Courts Can Support Democracy by Lowering the Stakes of Politics

114 Yale L.J. 1279 (2005) John Hart Ely argued that judicial review is most appropriate when democratic politics has broken down. Professor Eskridge argues that judicial review is also appropriate to lower the stakes of pluralist politics. Stakes get high when the system becomes embroiled in bitter disputes that drive salient, productive groups away from political engagement. Groups disengage when...