"The Supreme Court and courts in general have been usurping the role of the legislative branch of government"
About this Quote
The context is a familiar conservative backlash to landmark rulings that expand rights or constrain majoritarian politics: abortion, desegregation, same-sex marriage, campaign finance, the administrative state. In each case, judicial review becomes “activism” when it blocks the policy preferences of a political coalition. Akin’s line strategically flattens distinctions between courts interpreting ambiguous law, enforcing constitutional limits, and inventing new doctrine. “Courts in general” widens the target beyond the Supreme Court, suggesting a systemic problem that justifies systemic remedies: restricting jurisdiction, reshaping appointment pipelines, or passing laws designed to provoke a reversal.
The subtext is cultural as much as institutional. This is about reclaiming moral authority for legislatures aligned with a particular social vision. The phrase lets a speaker signal outrage at judicial decisions without naming the underlying flashpoints, keeping the message broad enough to unify voters who are angry for different reasons.
It also smuggles in an optimistic myth: that legislatures are neutral vessels of popular will. In practice, legislatures are partisan machines, gerrymandered maps, and donor ecosystems. Calling the courts “usurpers” isn’t just a defense of separation of powers; it’s a bid to relocate contested rights back into the rougher arena where majorities, not precedents, win.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
| Cite |
Citation Formats
APA Style (7th ed.)
Akin, Todd. (2026, January 15). The Supreme Court and courts in general have been usurping the role of the legislative branch of government. FixQuotes. https://fixquotes.com/quotes/the-supreme-court-and-courts-in-general-have-been-159790/
Chicago Style
Akin, Todd. "The Supreme Court and courts in general have been usurping the role of the legislative branch of government." FixQuotes. January 15, 2026. https://fixquotes.com/quotes/the-supreme-court-and-courts-in-general-have-been-159790/.
MLA Style (9th ed.)
"The Supreme Court and courts in general have been usurping the role of the legislative branch of government." FixQuotes, 15 Jan. 2026, https://fixquotes.com/quotes/the-supreme-court-and-courts-in-general-have-been-159790/. Accessed 11 Feb. 2026.


