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Monday, February 02, 2004

Liberal judges -- and we are a small minority these days -- do not manipulate law to reach a predetermined result. We apply a particular philosophy of law -- often infused by concepts like "rights" and "social justice" that may appear foreign to the admirers of the jurisprudential views of those who see the Constitution only as a technical framework for the allocation of powers. The jurisprudential views we espouse are those we believe to be most faithful to the text, structure, and history of the Constitution. Conservatives -- be they "strict constructionists," "texualists," or "originalists," -- apply their own philosophy of law to the very same legal problems we face. It is naive, if not disingenuous, to assume that liberals are simply imposing a "personal preference," while those conservative judges who continually reach the same restrictive result, in case-after-case, are simply "following the law." Different legal philosophies produce divergent legal consequences. We can debate which constitutional philosophy is the more appropriate one, but it is intellectually dishonest, and ultimately a disservice to the law, to accuse those who subscribe to a competing philosophy of being lawless or engaging in misconduct.

Judge Stephen Reinhardt of the Ninth Circut Court of Appeals takes his turn answering How Appealing's 20 questions.

Posted by morland @ 01:09 PM

:: Comments ::


He went to Pomona. Chirp chirp!

Posted by: #47 on February 2, 2004 04:29 PM



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