Separation-of-Powers Police

3274.569 - 3304.317 Daryl Levinson

So I agree that separation of powers and maybe federalism, too, are areas in which the court is doing nothing of functional value. Now, taking a step back, I'm not sure if the justices ought to care whether they're doing anything of functional value or morally making the country better or worse. That depends on what your theory of constitutional decision-making is by courts and others.