This is a deeply confused book. Not that the authors' stance is unclear: They have seen federal courts in action, and they don't like what they see. Their subject is federal judicial supervision of state and local governments through injunctive decrees. The authors' position wouldn't be confused - or at least would be confused in a different way - if they dealt with injunctive decrees aimed at enforcing what the judges took to be constitutional requirements. In such cases there's at least something coherent that can be said about judges displacing democratic decision-making. Sandler and Schoenbrod, though, don't deal with constitutional cases. Their concern is judicial enforcement of federal statutes, such as the Clean Air Act and the Education for All Handicapped Children Act.
20 Const. Comment. 189-203 (2003)
Scholarly Commons Citation
Tushnet, Mark V., ""Sir, Yes, Sir!": The Courts, Congress and Structural Injunctions" (2003). Georgetown Law Faculty Publications and Other Works. Paper 238.