Opening Word document…

The CP doesn’t mandate the plan. It’s functionally a recommendation.

Richard Pacelle 2. Professor of Political Science at Georgia States University, The Role of the Supreme Court in American Politics: the least dangerous branch” p. 112

Judicial decisions are not self-fulfilling directives. Because of institutional limitations, courts cannot implement their own decisions. Thus, the Court must rely on other individuals and institutions to carry out its directives. Because of these potential problems, many argue that the Court should not be active in policymaking. Ultimately, it is an empirical question, like broader notions of capacity. If the justices make decisions that lower courts do not apply or implementers ignore, there is a loss of institutional legitimacy for the Court.

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