Unencumbered by electoral commitments and political deal-making, and protected from recrimination, they can act to fulfill the constitutional mandate.

court decisions can "politicize issues that otherwise might have remained unattended"

Fleshed out, these include political goods such as participation in the political process and freedom of speech and association; legal goods such as equal and non-discriminatory treatment of all people; material goods; and self-respect, the opportunity for every individual to lead a satisfying and worthy life.

"why the 'haves' come out ahead" and suggests that the resources and experience available to established and on-going groups provide an advantage in litigation.

the "least dangerous" branch can do little more than point out how actions have fallen short of constitutional or legislative requirements and hope that appropriate action is taken.

industry has

"Rights and liberties, powers and opportunities, income and wealth."

ask under what conditions can courts produce political and social change?

Constraint III: Courts lack the tools to readily develop appropriate policies and implement decisions ordering significant social reform.