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April 22nd, 2010 6:11 pm
Judging Philosophies

Reason Magazine’s Damon Root pens a spirited argument for ridding judicial nomination hearings of their pretended denials of litmus tests.

It’s time for both sides to come clean about the importance of judicial philosophy. That means no more grandstanding about “open minds” and double standards. If Constitutional interpretation matters—and it most certainly does—then senators have an obligation to query each and every nominee about it and vote accordingly. That’s the only way we’ll ever have a real debate about the Constitution and the courts.

Indeed.  Now, if we could only get a few Senate Judiciary Committee members able to articulate a substantive, coherent judicial philosophy themselves we’ll be on to something.

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