Yale Law Fails the Kavanaugh Test

Yet many important matters that the Court will confront are unknowable, and how best to confront them is contested. Even principled experts who’ve staked out internally consistent approaches find themselves in abiding disagreements with one another, while most Americans are conflicted and inconsistent on questions such as the degree of deference the judicial branch owes to legislators, how strictly judges should adhere to what the words of the Constitution meant when it was ratified, whether adherence to the law or a just outcome is paramount, and the degree of deference that bygone Supreme Court decisions are owed.

What’s more, many partisans and interest groups take self-contradictory positions on all these questions, trying to sway political opinion in whatever way is momentarily convenient with no regard for how their words mislead, confuse, or polarize.

Those are among the challenges American citizens face as they grapple with this week’s nomination of

... read more at: https://www.theatlantic.com/politics/archive/2018/07/yale-laws-failures-of-noblesse-oblige/564989/

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