News and Commentary

DYS: The Role Of The Judiciary Is To Say What The Law Is, Not What It Should Be

Jeremy Dys
DYS: The Role Of The Judiciary Is To Say What The Law Is, Not What It Should Be
Erik McGregor/LightRocket via Getty Images

While the justices heard arguments in three cases inside the U.S. Supreme Court on Tuesday, Americans waited anxiously outside to learn the fate of the republic.

Exaggeration? Perhaps. But if so, it is only because it has become so routine to expect the high court to “decide” consequential issues for us. But that is not actually the justices’ job. Theirs is to say what the law is — “emphatically,” says Marbury v. Madison — and not to make it themselves.

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