Quote (IceMage @ Jun 27 2018 04:27pm)
Well, you basically said you're on the far-left politically, so I'm wondering if there's some sort of deep rationale that explains your support of Donald Trump. Like maybe supporting conservative judges.
I don't like it when Scalia invents judicial constructs to serve a political end or when Kagan would happily plunge us into the chaos of incoherent jurisprudence just to be as liberal as possible.
I've got a lot of respect for well constructed doctrines even if they wouldn't always lead to the results I wanted or even be my own interpretation, as long as they're consistent.
And I've also got respect for the justices who just acknowledge the shortcomings of the court and take a pragmatic rationalist approach. Alito laid that out in his dissent from Collins v Virginia, quoting Dickens saying;
Quote
An ordinary person of common sense would react to the
Court’s decision the way Mr. Bumble famously responded
when told about a legal rule that did not comport with the
reality of everyday life. If that is the law, he exclaimed,
“the law is a ass—a idiot.” C. Dickens, Oliver Twist 277
(1867).
I'm skeptical of both the textualists who pretend they can find a coherent logic in narrow interpretation and even more skeptical of incoherent activism that isn't necessarily grounded in an overriding philosophy but is only consistent at serving an agenda.