Why should we be governed by people long dead ... In any case, the group that ratified the Constitution included just a small subset of the society it excluded all women, the vast majority of African Americans, many of those without property, and numerous others who were not permitted to vote.
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There is no proportional representation requirement in the Equal Protection Clause.Cass Sunstein
At the same time, there is a growing pile of tidbits, in Roberts' opinions and in the Reagan-era documents dribbling out of the White House, that indicates he has strongly held and far-right views on major frontsabortion, religion, and executive power. There's ammunition for principled opposition to be mined here. But the key attribute Roberts lacks from the point of view of the legal liberals, at least on the record, is an overarching, burn-the-house-down judicial philosophy. As a result, proponents of judicial restraintan approach to the law that's become as fashionable among liberals as conservativesare eager to embrace him as one of their own. Leftish advocates of restraint celebrate justices who don't reach out beyond the facts of a case to decide more than they need to and who respect existing Supreme Court precedent. They wrinkle their noses at justices who overtly seek to impose a rightward agenda (Antonin Scalia) and are willing to jettison past decisions to do it (Clarence Thomas). Roberts has never declared himself one of the bad guys, Sunstein pointed out hopefully in a recent piece in the New Republic . Instead he has styled himself as deliberate, lawyerly, process-oriented. His opinions on the D. C. Circuit court of appeals avoid broad pronouncements, ... They do not try to reorient the law.
Cass Sunstein
Even though he's been in public life a long time, he's got a pretty sparse record. So I wouldn't be sure in any area. I've got hunches, that's all.
Cass Sunstein
It makes people think the stakes (in a confirmation) are much lower than they are,
Cass Sunstein
There are some lawyers who think of themselves as basically instruments of whoever their clients are, and they pride themselves on their professional craft.
Cass Sunstein
This is a very, very conservative judge who in his dissenting opinions is overwhelmingly likely to be more conservative than the majority.
Cass Sunstein
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