The Bright Coast

Progressive Thoughts from San Diego Alums on Law, Politics, and Culture

In re Souter

Posted by brightcoast on May 4, 2009

An informative article speculating on Obama’s potential strategy for his SCOTUS appointment. Who knows if he’ll actually draw from academia as the article suggests, but if so, my vote’s for Sunstein. I do tend to agree with certain sources that a SCOTUS judge’s decisions should be firmly rooted in the Constitution, as that is what their job is to enforce, however, it is Marbury that created judicial review, and if you listen to the Crits, there is no such thing as neutrality on the Court, so claiming that certain contingencies of the Court are following the letter of the law because they follow what they believe is only way of deciding cases does not dictate that the opposite is therefore unconstitutional.

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