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View Diary: Opening the Door (281 comments)

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  •  I agree completely.... (none)
    It seems to me that liberals need to work at bringing back the 9th and giving it some life.
    •  Great point on the Ninth amendment (none)
      This actually is the best defense to Scalia's argument of textualims. The ninth amendment needs to be revived and law professors and appeals court judges need to run with this.

      Also, I admire Armando's work on this, and I admire even more his acknowledgement that Roberts is answering questions. I think Roberts will show that he is a choice that liberals can be content with. He is NOT an ideologue like Scalia or Thomas. He has no agenda. He frankly is more in the tradition of O'Connor. He will bring real professionalism to the court, and I expect him to clash with Scalia.

      Gerardo Orlando

      by orlandoreport on Tue Sep 13, 2005 at 08:49:50 AM PDT

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      •  I'm not sure that we can say yet (none)
        that he has no agenda.  He might well have one, and as someone pointed out down the thread, it may have to do with corporate interests.  We just don't know enough about the guy yet, and the more questions he answers the better.  I'm reserving judgment for now.

        although it's getting late, you still have plenty of time

        by maracuja on Tue Sep 13, 2005 at 08:56:18 AM PDT

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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

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

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