Newsweek on Marbury v. Madison

It's not every day that you find an article on Marbury V. Madison in a current events publication so it's worth noting that Newsweek has an excellent article adapted from The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court, by Cliff Sloan and David McKean which will soon be published by PublicAffairs.

The story of Marbury contains important lessons. First, in the midst of disagreement about the Supreme Court's conclusions in particular cases, we sometimes forget to appreciate the genius of the American system—an independent judiciary with the last word on the law and the Constitution. When we hear an attempt to demonize judges or justices with whom we disagree, we should remember this shared commitment to the rule of law. As retired justice Sandra Day O'Connor emphasizes, our heritage should inspire us to fight attacks on an independent judiciary—whether they come from the left or right.

I have been a regular participant in Justice O'Connor's conferences for her Project for a Fair and Independent Judiciary. The next one is coming up in May.