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Did you read it in a mirror? | 173 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Did you read it in a mirror?
Authored by: Balance on Tuesday, September 18 2012 @ 11:42 AM EDT
Your "translation" seems to be almost the opposite of what it's
saying. Posner's preference is to leave things up to the elected officials
whenever possible.

Discretion enters into it when the judge has no choice but to decide, and there,
he is simply saying what we all know: that judicial decisions are guided by the
personal and political convictions of the judge. This is in contrast to Scalia's
claim that he decides cases in a mechanical fashion, based on strict rules of
textual interpretation. If that were actually the case, a computer could do the
Supreme Court's job much more efficiently.

[ Reply to This | Parent | # ]
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