America Needs Judicial Engagement, Not Abdication

"In a recent New York Times opinion piece, distinguished federal judge J. Harvie Wilkinson III argued that courts undermine their legitimacy when they interfere with the democratic process, especially by striking down laws involving culture-war issues like gay rights and guns. But Judge Wilkinson's belief that courts best preserve their legitimacy largely by sitting on the sidelines is at odds with the judiciary's constitutional role as a co-equal branch of government, and ignores the more serious threat from too little judging."