1 . The court system is often more effective in safeguarding individual rights than the elected branches of government because it is structured to uphold the Constitution and the rule of law rather than capitulate to popular opinion or political pressure. Judges are typically appointed rather than elected, which makes a difference. They often serve longer terms or even for life, like those in the Supreme Court (like Sotomayor, Thomas, and Kavanaugh), which allows them to remain separate from political biases and pressure. It helps with checks & balances. Their primary duty is to interpret and apply the law impartially, which entails protecting individual rights even when doing so is unpopular.

For example, in Obergefell v. Hodges (2015), at the time, many states prohibited same-sex marriage and denied recognition to gay marriage. However, when the Supreme Court intervened, they highlighted the 14th Amendment. Now, regardless of opposition, same-sex marriage is legal in the country.

2. People often call the Court “anti-democratic.” They point out that unelected judges make important decisions—like those on abortion and voting rights—that affect many lives. These judges can influence outcomes long after the President who appointed them has left office because they have lifetime positions.

James Madison wrote about concerns in Federalist #10 regarding groups that might misuse democratic processes for their own interests. The Founders wanted judges to be separate from elections and public opinion so they could focus on the law and act fairly.

The courts are meant to protect the rights of minorities and uphold the Constitution, regardless of changing public opinions. Since the Founders mainly came from the educated upper class, they believed that people like them—the “best and brightest”—were best suited to make important decisions for the country.