"During the past year," begins the leading article in the Harvard Law Review's annual appraisal of the previous term of the Supreme Court, "individual freedom, the hallmark of liberal democracy, lost ground to state control. . . The state has the power, the court held, to regulate, restrict, abolish or criminalize individual liberties that run contrary to the popular will."
No argument about that. The Rehnquist Court, more than its recent predecessors, believes majorities may determine what rights to grant minorities, and each term it makes that clearer.
The author of the HLR's article, Robin West of the University of Maryland School of Law, adds to this an intriguing and somewhat novel argument addressed to her fellow liberals.