The Yale Law Journal

Judicial Review and Health Care Reform: Applying Jeremy Waldron's The Core of the Case Against Judicial Review

Julie Wang
20 May 2011
In his YLJ Essay The Core of the Case Against Judicial Review, Jeremy Waldron argues that it is fundamentally undemocratic to allow judges to strike down legislation. Jeremy Waldron, The Core of the Case Against Judicial Review, 115 Yale L.J. 1346 (2006). A few days ago, Dahlia Lithwick applied Waldron's argument to recent debates on health care reform and on the Sixth Circuit ACA case in Dahlia Lithwick, Judicial Review Under Review, Slate, May 16, 2011,

Ezra Klein gave a nod to both Lithwick and Waldron:
Ezra Klein, Ryan's Medicare Plan Unfinished?, Wonkbook (May 17, 2011, 7:46 AM),

The full text of Waldron's essay is available in PDF format here. For full-text PDFs of our archived content, please visit our Archive page.