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** 'When the Judges Ruled, There Was Famine': Bible ([link removed])
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by Alan M. Dershowitz • June 19, 2025 at 5:00 am
* Under Article 3 of the United States Constitution, judges are supposed to play a critical role in checking and balancing the excesses of the other branches. Their central responsibility is to enforce the procedural safeguards of the Bill of Rights, most particularly those assuring due process, equal protection and the right of dissent. They have no legitimate business interfering with the substantive policies of the executive or legislative branches.
* Judges look harder to find procedural objections to policies and actions of which they disapprove.
* [Supreme Court Justice Louis Brandeis] consistently voted to uphold laws and practices with which he had strong substantive disagreements, so long as they did not clearly violate express provisions of the Constitution. That is the proper role of unelected judges in a democracy.
* The people -- not the judges -- should rule the land.

Supreme Court Justice Louis Brandeis consistently voted to uphold laws and practices with which he had strong substantive disagreements, so long as they did not clearly violate express provisions of the Constitution. That is the proper role of unelected judges in a democracy. Pictured: Brandeis in 1930. (Photo by FPG/Archive Photos/Getty Images)

The Book of Ruth begins with an ominous warning: "In the days when the judges ruled, there was famine in the land."

History shows that judges make poor leaders. Thomas Jefferson understood this when he tried to limit the influence of the "midnight judges" appointed by John Adams. Andrew Jackson refused to implement a Supreme Court decision that he believed undercut his policy toward Native American tribes. Abraham Lincoln responded to what he regarded as the overreaching of judges by suspending the writ of habeas corpus. Franklin Roosevelt threatened to pack the Supreme Court when the justices tried to dismantle his congressionally-enacted New Deal.

Now, many district court judges are determined to thwart the policies of President Donald Trump. Judicial efforts to thwart executive and legislative actions have occurred frequently in our history, as have executive and legislative responses to such judicial activism.

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