But when a policy considered unjust by some nonetheless has some reasonable basis, and when the Constitution is silent about this particular policy, judges should not strike down the policy merely because of their own “new insights.” For they, too, could be wrong. Far from rectifying an injustice, they may be committing one. And in purporting to vindicate a newly discovered constitutional right, they may be violating the Constitution by usurping the authority of the people and their elected representatives in Congress and the state legislatures.
