Part 3/11:
The term “popular constitutionalism” itself has become contentious. Critics argue that it dangerously blurs the lines between majority will and constitutional protections. The Supreme Court’s decision to eliminate affirmative action was, according to numerous polls, broadly supported by the public—80% of Americans and 65% of Democrats favoring the ruling. Thus, invoking “popular constitutionalism” to challenge a ruling that already resonates with widespread public approval appears contradictory. It raises an essential question: should rulings, whether by the Supreme Court or any other governing body, be immune to popular pressure, even if that pressure is misguided?