I just completed an enlightening book about how the courts take over policy decisions from state and local elected officials through court decrees that seek to “reform” government programs/institutions such as special education and prisons. Democracy By Decree: What Happens When Courts Run Government is authored by Ross Sandler and David Schoenbrod, two former public interest attorneys with firsthand knowledge of how it all works. The book contains examples of how judges and “controlling groups” of attorneys end up dictating policy over years — sometimes decades — and offers suggestions for how to repair the damage to democracy and reverse the trend. Not only is the book an engaging read, but the notes to each chapter contain a wealth of fascinating resources on specific cases, as well as reports and media accounts of the neverending chaos these decrees can inflict on the very people and communities they are supposedly helping. For more on why this book is worth your time, check out the review written by the Pope Center’s George Leef in the Fall 2003 issue of Cato’s Regulation magazine, which is how this book went to the top of my reading stack.
by Locker Room contributor