A/T Legitimacy

Protection of individuals from state intrusion is key to court vitality

Grossenbacher

Some fear constitutional adjudication in the federal courts will lose its legitimacy as the activity of judges becomes, at least in the public perception, more politicized and less principled. n36 This concern, however, is misplaced. Courts could hardly fulfill their historical function of protecting individuals from state overreaching unless substantive constitutional rights and the adjudicative process that governs them are continually adapted to maintain their vitality in the face of changing social standards and practices. If, in the future, the structural injunction and what it portends for the role of the courts in society causes more problems than it solves, then the courts will have to adapt again. Better to allow courts flexibility than to restrict their function because of overstated concerns about where this flexibility may lead.