Why Judicial Restraint and Democracy Aren't Always a Good Thing

Reason explains why the Supreme Court rubber stamping the will of the majority through legislation isn't always a good thing:

in Pierce v. Society of Sisters (1925), the Court struck down an Oregon law, which had been spearheaded by the Ku Klux Klan and other anti-Catholic groups, forbidding parents from educating their children in private schools. In his majority opinion, arch-conservative Justice James McReynolds declared, "the child is not the mere creature of the state" and nullified the offending law.

We doubt many modern day "progressives" want James McReynolds views to even be heard.