Public Opinion, the Court, and Justice Kennedy

… Judges are not elected by the public. Isn’t the purpose of a counter-majoritarian institution precisely that it does not follow swings in public mood? Still, political scientists have amassed an impressive array of evidence in favor of the hypothesis that the Court follows changes in public opinion. But why?

There are at least three plausible mechanisms. [cont.]

Erik Voeten (Georgetown), The Monkey Cage