nebraskalawprof at yahoo.com
Thu Apr 23 09:37:36 PDT 2009
Frank: Of course we make subjective comparisons like this all the time (I like pizza better than I like green peas; so pizza is heavier than peas are long when I sit down to order lunch.). But how does a Court objectively balance the state's interest in a particular policy against
an individual's right to a particular liberty? How heavy is the
interest and how long is the right? Is 100 pounds heavier than 100
feet is long?
I think Scalia wonderfully captures the judge-empowering nature of most balancing tests.
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