Sasse says, "what I want is to have a judge that doesn't want to take away the job of a legislature that's accountable to the people."
It's a talking point that once meant something. Now it's just empty caloric content.
It's a talking point that once meant something. Now it's just empty caloric content.
Judicial Restraint, a history:
Lochner Court: stop striking down progressive state laws and the New Deal
Warren Court: stop banning segregation and school prayer
Burger Court: stop striking down abortion bans
Rehnquist/Roberts Courts: do what we want, don't do what we don't want
Lochner Court: stop striking down progressive state laws and the New Deal
Warren Court: stop banning segregation and school prayer
Burger Court: stop striking down abortion bans
Rehnquist/Roberts Courts: do what we want, don't do what we don't want
Can't be calling for a conservative originalist to restrain herself when today's conservative originalism backed Parents Involved, Heller, Citizens United, Shelby County, etc however hard they insist those decisions were compelled by the constitution's original public meaning
The way forward for the courts isn't even a close call, and it's neither partisan nor ideological, nor even new, but it would need a majority committed to not undermining democracy for political preservation
https://twitter.com/MikeSacksEsq/status/1243395666451128320?s=20
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