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View Diary: Opening the Door (281 comments)

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  •  Fair enough (none)
    That's fair. I intend to keep listening as well.

    That said, he just completely contradicted Scalia's theory of textualism. Roberts essentially said that a judge does not wake up every day by taking a fresh look at the meaning of the language of the Constitution. Rather, one must take a more modest approach that starts with the Constitution as interpreted by ALL precedents. Scalia instead does not take a modest approach, and he is thus much more dismissive of precedent.

    He was also just asked about originalism (another term used for textualism) and he made it clear that he does not subscribe to any one theory. Approaches vary, and it's clear that precedent is very important to him.

    Roberts appears as a real pro. Being a lawyer myself, I'm as impressed with him as any other judge I have ever studied.

    Gerardo Orlando www.orlandoreport.com

    by orlandoreport on Tue Sep 13, 2005 at 09:09:20 AM PDT

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