getting over Bork, restoring our depleted legal capital
SLevinson at law.utexas.edu
Tue Oct 11 12:13:09 PDT 2005
Like Mark, I cherish Matt Franck's contributions to this list. But I confess that I literally don't understand the reference to "judges who live by (and don't just swear by) the older understanding of an apolitical, non-ideological judiciary." I do not know whom he is referring to, unless we interpret this to mean "judges whose own self-understanding was that they were acting in the name of an impersonal law and not making 'political' or 'ideological' judgments." This notion I can understand, but then, of course, it only generates the questio of whether such a self-understanding, especially with regard to "high politics," is simply delusionary (as I most certainly do) and how, of course, we would try to persuade each other as to whether or not it is in fact a delusion..
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