Word: elye
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Under his scheme, "The Court can do a lot of leading--but only in purifying and opening up the political process. For the ultimate role of judges, as Ely saw it, was "not to second-guess the merits of what the political branches have done, but rather to see if...
But that's not how everyone sees it. For every Ely convert, there has been an ardent critic, and almost all of the latter are politically liberal. One of Ely's sharpest critics, law professor Richard Parker, argues that his colleague's focus on process alone--and not fundamental rights...
Another critic, law professor Laurence H. Tribe, argues that Ely's approach would strip judges of power to review much legislation that could deny men real rights. And Archibald Cox, Loeb University Professor, takes issue with Ely's reading of history. To Cox, Ely's otherwise excellent work ignored the...
Ely considers himself a political liberal; his colleagues guess his voting record would show him to be a mainstream Democrat. The irony, to his critics, is that judges who adopt Ely's "selective activism" could undermine traditionally liberal ideas. Ely does not disagree--but to him, having judges as "an...
His theory, he acknowledges, would have stopped judges who struck down state laws from "discovering" new rights during the past two decades--like the rights to privacy, and to abortion in some circumstances. For liberal judges, "It'd be frustrating, I'm sure," Ely says. "But that's democracy."