Since I was away on vacation when this debate began, I am coming late to the party. But I have some distinctive views on this issue and so I thought I would write some posts about the matter.
I should start out by saying that I have something of an intermediate view of the matter – I recognize that both sides have some strong points to make. In the end, I stand much closer to the judicial supremacy side, but for different reasons than at least some of those defending the position.
I originally encountered this issue in law school and especially at the Meese Justice Department when Attorney General Meese gave a speech defending departmentalism. I initially was attracted to a moderate departmentalist position, but over time I began to have second thoughts. By the time I published this paper (here and here) in 1993, I had already moved towards seriously doubting the departmentalist position. And I have only become more skeptical over time.