By starting out with a flawed premise, Lash’s article sets up drama where there isn’t any.
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The transcripts and recordings of opinion announcements are a valuable and underused resource for information and insight on the Court. In addition to granting listeners the ability to hear the Justices themselves describe the opinions they authored -- dissents as well as majority opinions -- the announcements often provide useful summaries of lengthy decisions.
In reality, the phrase “strict constructionism” is not a philosophy at all -- at least not one accepted by any credible judge or academic -- but rather a code phrase for judges who make rulings that sit well with conservatives. As a lawyer, Congresswoman, and candidate for President, Michele Bachmann should be able to articulate a philosophy for choosing judicial nominees that goes beyond meaningless references to a theory that has been discredited by conservatives and liberals alike.
Senator Mike Lee's "cut, cap, and balance" pledge holds the full faith and credit of the United States of America hostage to a misguided effort to dramatically change the Constitution. What Lee is not telling America is that his proposed Amendment represents a stark departure from our constitutional order.