I’d argue that the social popularity standard is the current de facto system in the USA, and that a judicial standard would produce better outcomes. Localised prejudices have too much influence under the social standard; see the history of abolitionist publishers in the antebellum South for the most obvious example.
And before the “you want to give more power to Trump!?” replies come in: no, I don’t. A government like that will abuse every power it has.
But that isn’t an argument for freeze peach absolutism, it’s an argument for the importance of preventing fascists from seizing control of your government. Once they do, laws are nothing but words.
