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May 26, 2009
Quotation Of The Day
Referring to Judge Sotomayor's now famous words that the Court of Appeals is "where policy is made," Sean Carroll offers the following observation at Cosmic Variance.
In reality, of course, Sotomayor is simply telling the truth — a cardinal sin in law as well as politics. In law and politics, and for that matter theology, we are presented with a sacred text of one form or another. And we are supposed to pretend that the text has a One True Meaning — we may, of course, argue at great length about the proper procedure for divining what that meaning actually is, but admitting that the text is inherently ambiguous (or even contradictory) is not allowed. We need to act as if the authors of Leviticus and the Framers of the Constitution were trying to say something very clear about contemporary debates, if only we had the interpretational acumen to figure out what it was. [emphasis added]
By the way, if you listen to Judge Sotomyor's complete remarks, you'll see that by policy she fairly clearly meant the setting of legal precedent. And that is true whether the appellant judge is conservative, liberal, or anything else. That is simply part of their job.
Posted by Duane Smith at May 26, 2009 12:49 PM | Read more on Current Events |
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Comments
This language of "activist judge" is hilarious. Folks are actually mad at judges for making decisions.
Posted by: danielandtonya at May 27, 2009 2:31 PM
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