As the term suggests, some oppose or see a problem with the judicial branch's ability to invalidate, overrule, or countermand laws that reflect the will of the majority.
He used the term to describe the argument that judicial review is illegitimate because it allows unelected judges to overrule the lawmaking of elected representatives and thus to undermine the will of the majority.
The problem stems from the understanding that a democracy's legitimacy arises from the fact that it implements the will of the majority (majoritarianism).
The judiciary is a check against the unconstitutional abuse and extension of power by the other branches of government."
Judge Jones is the author of the landmark decision Kitzmiller v. Dover Area School District, which found intelligent design to be a form of creationism that may not be taught in public school science classes under the Establishment Clause of the First Amendment and separation of church and state established by the Founding Fathers of the United States.