Why Judges can’t Save Democracy

Robert L. Tsai*

* Professor of Law and Law Alumni Scholar, Boston University School of Law. This essay was developed from remarks given at the symposium on Professor Driesen’s book that took place at Syracuse University’s College of Law on November 12, 2021. My thanks to Andrea Scoseria Katz, Noah Rosenblum, and Jed Shugerman for engaging conversations on this paper. I also appreciate the expert proofreading of Isabella Grillo and Liz Walk.

Abstract:

In The Specter of Dictatorship,1 David Driesen has written a learned, lively book about the dangers of autocracy, weaving together incisive observations about democratic backsliding in other countries with a piercing critique of American teetering on the brink of executive authoritarianism at home. Driesen draws deeply and faithfully on the extant literature on comparative constitutionalism and democracy studies. He also builds on the work of scholars of the American political system who have documented the...