tomder55
Mar 25, 2022, 05:40 AM
I doubt it. But it would be fair to surmise that based on comments she made in testimony . “I believe that the Constitution is fixed in its meaning”. "I believe that it’s appropriate to look at the original intent, original public meaning, of the words when one is trying to assess because, again, that’s a limitation on my authority to import my own policy.”
She said “adherence to text” requires a judge “to figure out what those words mean as they were intended by the people who wrote them. So, at this point, I’m looking at original documents. I am focusing on the original public meaning because I’m constrained to interpret the text.”
Such sentiments sunk Robert Bork's nomination .
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She said there were times when "looking at those words [is] not enough to tell you what they actually mean. You look at them in the context of history. You look at the structure of the Constitution. You look at the circumstances that you’re dealing with in comparison to what those words meant at the time that they were adopted.”
Again more originalism. She said she rejects the idea of a living constitution which “infuses” the document “with my own policy perspective or . . . the policy perspective of the day.” “The prevailing interpretive frame for interpreting the Constitution is now very clearly looking back through history” .
Rhetorically she is right on. Scalia could not have said it better . He once said “Day by day, case by case, the Supreme Court is busy designing a Constitution for a country I do not recognize.”
Do I believe this defender of child pornography and Gitmo detainees when she says her rulings are based on originalism ? No ;but I have been fooled before by what nominees say in confirmation testimony.
She said “adherence to text” requires a judge “to figure out what those words mean as they were intended by the people who wrote them. So, at this point, I’m looking at original documents. I am focusing on the original public meaning because I’m constrained to interpret the text.”
Such sentiments sunk Robert Bork's nomination .
.
She said there were times when "looking at those words [is] not enough to tell you what they actually mean. You look at them in the context of history. You look at the structure of the Constitution. You look at the circumstances that you’re dealing with in comparison to what those words meant at the time that they were adopted.”
Again more originalism. She said she rejects the idea of a living constitution which “infuses” the document “with my own policy perspective or . . . the policy perspective of the day.” “The prevailing interpretive frame for interpreting the Constitution is now very clearly looking back through history” .
Rhetorically she is right on. Scalia could not have said it better . He once said “Day by day, case by case, the Supreme Court is busy designing a Constitution for a country I do not recognize.”
Do I believe this defender of child pornography and Gitmo detainees when she says her rulings are based on originalism ? No ;but I have been fooled before by what nominees say in confirmation testimony.