Comment

Posner on Sotomayor

461
Phil.5/26/2009 1:25:18 pm PDT

Flyers #425

The problem with the statement that judges are not supposed to make policy is that it is a meaningless statement. Liberals think that conservative judges are making policy and conservatives think liberal judges are making policy. Making policy means for most people, a judge ruling contrary to their beliefs. Try asking your average conservative for an example of a conservative judge making policy. Or a liberal..

FALSE. A sharp legal mind of any political stripe can interpret the Constitution. Most of the words are clear and unambiguous. When judges look for “emanations of penumbras” to find legal reasoning for their judgments, they are no longer looking to the US Constitution, but their own biases.

Your statement is legal multiculturalism masquerading as reason and logic. It is neither.