Abstract
“What do you do when the Supreme Court is wrong?” That question formed the title of a 1979 article in the Public Interest by the late Senator (and political scientist) Daniel Patrick Moynihan, and it resonates today across the political spectrum, as serious criticism of Supreme Court decisions can be found on both Left and Right. Of course if the Supreme Court has supreme authority over the meaning of the Constitution, then either it is incoherent to say the judges can be wrong or there is nothing anyone can do if they are. But everyone admits that erroneous constitutional decisions can evoke constitutional amendments. The question is, what can be done short of that?
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