This tool, at its core, allows the courts to strike down government and administrative decisions seen as having not taken into account all the relevant considerations of a particular issue, or not given the correct weight to those considerations — even if they do not violate any particular law or contradict other administrative rulings.
Conservative jurists and organizations, along with parts of the right-wing political camp, have long fulminated against the use of this tool, arguing that it gives too broad a scope to the judicial branch to intervene in decisions made by elected officials, and essentially substitutes the judgment of unelected judges for that of the government. READ MORE
