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Politics : The Judiciary
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To: TimF who wrote (209)4/28/2006 12:12:43 PM
From: TimF  Read Replies (1) of 817
 
Another comment from that site

Al Maviva (mail):
As a practitioner, I prefer judges who follow the plain language where possible, and who have an ascertainable method of discerning the law. The law has precisely zero predictive value when it is construed by judges who believe that the text is alive, as if it were a swarm of ants. Living constitutions and flexibly interpreted statutes are the bane of my life when it comes to client counseling. I want answers, not interesting and challenging philosophical debates about whether "must" means "shall" or "may." It is stunning to me that people still believe the fiction that the Supreme Court interprets the Constitution. They are simply a super legislature that makes it up as they go along - as distinct from the circuit courts, most of which at least attempt to bind themselves to the text of the law which practitioners rely on.
7.2.2005 9:51pm

volokh.com
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