If People would be Outraged by Their Rulings, Should Judges Care‪?‬

INTRODUCTION Judicial rulings can, and sometimes do, provoke public outrage. If the Supreme Court ruled that states must recognize same-sex marriages, national politics would undoubtedly be affected, and a movement for a constitutional amendment would be all but inevitable. If the Court said that the Establishment Clause forbids the use of the words "under God" in the Pledge of Allegiance, (1) the Court would face a great deal of public outrage. If the Court struck down measures designed to reduce the risk of terrorism, especially in a period in which that risk is acutely felt, significant parts of the public would be outraged as well. Many judges are drawn, on occasion, to interpretations of the Constitution that would outrage large segments of the public. How, if at all, should courts think about, or deal with, the prospect of outrage?