Satterthwaite, M. L., Sydow, K., & Polk, B. (2023). Unchecking Power and Capturing Courts: How Autocratization Erodes Independent Judicial Systems. Rutgers UL Rev., 76, 1147.
The paper argues that courts have increasingly taken on legislative functions by issuing structural reform injunctions—broad, ongoing orders designed to overhaul public institutions such as prisons, schools, and mental hospitals. While these interventions aim to protect constitutional rights, the article contends that they often exceed the judiciary’s traditional role and raise democratic legitimacy concerns. The author traces the historical evolution of this practice, critiques its reliance on judicial management rather than legislative accountability, and highlights its tension with the separation of powers. Ultimately, the paper calls for a more restrained and democratically grounded approach to institutional reform, urging courts to respect the policymaking prerogatives of elected branches while maintaining their constitutional oversight function.