Admitting that Judges Make Law: The Ultimate Thought Experiment

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2 Responses

  1. I agree, and this expertly said, that the Suprme Court does make policy, law
    and are not neutral umpires. However, there is another alternative to
    vetting nominees. When the justices diagree five to four or six to three,
    the whole thing is sent to the American people as a plebiscite.

    The factor approach provides a useful way in which cases and precedents
    can be framed.

  2. Foxtrot says:

    What if certain interpretive methodologies that would not raise an eyebrow in virtually any law school faculty workshop would be dramatically unpopular? This way there is no need to persuade anyone outside of academia of their legitimacy.