"where policy is made"
edlind at dickinson.edu
Mon Jun 1 14:19:19 PDT 2009
I'm troubled by the current flap over Judge Sotomayor's comment that the
"Court of Appeals is where policy is made." The full text of the
comment and exchange is here:
Do we still need to have this conversation? In connection with Judge
Sotomayor's comment, here are a couple of other quotations from notable
"Judges have been entrusted with making policy from the start." Richard
"No one, I imagine, will quarrel with the proposition that the Supreme
Court, or indeed any court, must make and does make policy decisions..."
It's over 50 years since Prof. Dahl's comment was published. Why must
we still have this conversation? Are there members of these lists who
doubt that courts make policy (or law, for that matter)? Is there a
reason that the public conversation about these issues has to remain
where it is? Please interpret this message as a plea for help, rather
than a rant.
Douglas E. Edlin
Department of Political Science
P.O. Box 1773
Carlisle, Pennsylvania 17013
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