scalia’s doctrine of textual limitation of judicial discretion is nothing more than an attempt to ensconce his own brand of power. because when he convinces others not to be guided by the supporting documents attendant upon the original creation of a statute, it actually gives him more leeway in the interpretation of that statute. textualism is an intellectual trojan horse. designed to weaken the power of others and amplify his own. it is a very cleverly concealed form of judicial activism, and the oldest trick in the book: appearing to denounce the very doctrine which he secretly supports (for himself alone, of course).
July 3, 2013 by m4u
Leave a Reply