Introduction

Summary

Introduces the book through a discussion of two cases. The first is Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, and in which the dissenting justices suggested that the majority’s decision to do so was unwise. The second is Rucho v. Common Cause, in which the Court concluded that courts lack the capacity to resolve claims concerning excessive partisanship in gerrymandering. Together, the cases help illustrate the book’s themes: the inescapable role of judgment in judicial decision-making and the accumulation of ways in which changes in courts, the legal profession, and the culture more broadly have come to undermine judgment’s role.