Judicial Follies: Tying up a loose end

Judicial Follies: Tying up a loose end

Most people have heard of Marbury v. Madison, certainly the most important decision ever issued by the United States Supreme Court. Marbury is remembered today as the case in which the Supreme Court gave itself the power of “judicial review” — the ability to decide whether statutes are unconstitutional. Most people do not know, however, that it is also one of the sneakiest court opinions ever written. William Marbury was a “midnight judge.” He w…