Judicial Exclusivity and Political Instability

Abstract

J UDICIAL supremacy is down but hardly out.Notwithstanding calls by interest groups that Congress "is now the court of last resort,"' the myth of judicial exclusivity nonetheless persists.The popular press treats United States Supreme Court rulings as definitive,2 law school casebooks typically identify constitutional law as the work of the Court/ and when a government official-make that Reagan Administration Attorney General Edwin Meese-argues that Supreme Court decisions are not "binding on all persons and parts of government," 4 editorialists and representatives of the Washington Post, New York Times, and American Bar Association are sent into a state of apoplexy. 5Among legal academics, however, it

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