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Readers Forum: Better way to evaluate a Supreme Court nominee
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Readers Forum: Better way to evaluate a Supreme Court nominee
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Newspaper Article
Readers Forum: Better way to evaluate a Supreme Court nominee
2010
Overview
With Elena Kagan's Supreme Court confirmation hearings behind us, the tempest of political rhetoric decrying her failure (and previous nominees' failure) to provide definite answers regarding her substantive legal views will soon subside. However, before the public eye completely averts from the important work that judges do, there is an important point to be made about judicial nominations and the profusion of commentary that accompanies them. Due to the overwhelming emphasis the media places on discovering, discussing and critiquing a judicial nominee's \"substantive legal views\" (for example, whether the judge supports harsher restrictions on abortion or campaign finance), it consistently overlooks the most important aspect of judging. That aspect is none other than the art of judicial interpretation: the methods judges use to derive meaning from the legal texts they are called upon to interpret. Rather, the public was offered a speculative discussion as to Kagan's so-called \"judicial philosophy.\" But the media have erroneously conceptualized \"judicial philosophy\" as ends-oriented: whether a person supports abortion rights or anti-abortion, or whether they're for or against the death penalty.
Publisher
Bay Area News Group
Subject
