John Roberts's Refusal to Defend Federal StatutesinMetroBroadcasting

[Scott Gerber]

Liberal originalism appreciates Dworkin's method, although not his
application of the method or his understanding of our first principles.
Liberal originalism often reaches results that conservative originalists
reject.  As Henry Abraham once told me, the fact that both the Left and the
Right would find fault in my theory suggests that I might be on to something.

Scott



Andrew Kull has convincingly demonstrated that the Congress rejected every
opportunity to adopt "colorblind" language as part of the 14th Amendment.
No serious historian could believe that it was part of the original
understanding as to how it would be interpreted.  One can, of course, offer
Dworkinian takes of the deep "concept" underlying various conceptions, but
it is not my perception that conservative originalists are much taken with
Dworkin's approach.

Sandy
- Sanford Levinson
(Sent from a Blackberry) 

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Scott Gerber
Law College
Ohio Northern University
Ada, OH 45810
419-772-2219
http://www.law.onu.edu/faculty/gerber/