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Douglas Kmiec, Now vs. Then

By Stuart Buck, Esq.

Douglas Kmiec, now: Based upon his own teaching at the University of Chicago, look for Obama to favor a nominee who is not afraid to challenge either result-oriented liberal judging or the incompleteness of the conservative method that has dominated the Court since Nixon appointed Warren Burger to the bench in 1969. Burger, and especially his successors William Rehnquist and Antonin Scalia, have plied the notion--so-called Originalism--that it?s not up to them to do justice, since they are just following the plain, public meaning of the words ratified two hundred plus years ago.Plain public meaning is a beguiling idea, until one actually looks for it. Conservatives intone that it virtually delivers itself like the morning paper. (Remember those?) But like far too many departed dailies, it is often not to be found...continue to full post

Full post as published by The Buck Stops Here on May 08, 2009 (boomark / email).