Souter

No, John Roberts, judges are not umpires.

I had read about former Supreme Court Justice David Souter’s recent commencement address at Harvard, but it wasn’t til today that I read the entire speech, available here.  The address is an eloquent and persuasive response to (and take-down of) the theory of Constitutional “originalism” espoused vehemently by Justice Scalia, among others. I’ve been thinking lately about liberals’ persistent inability to win the war of words, and conservatives’ great skill at manipulating language in their favor.  Scalia, for instance, has done an excellent job of making originalism sound like duh, the only possible legitimate method of engaging in...

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