Ramesh Ponnuru takes a stand similar to mine on the question of questions in the latest NR on dead tree.
Randy Barnett also has some questions for Roberts over at Legal Times, but it seems you need a subscription for that.
Here’s a clip:
John Roberts Jr.’s credentials and legal ability are beyond question. But there is one added qualification a Supreme Court nominee requires: a judicial philosophy of respect for the rule of law provided by the Constitution as written.
No matter how otherwise qualified, if a nominee favors a method of interpretation that calls for a bit of text, a dash of history, a dollop of precedent, and a pinch of pragmatism, he can reach almost any result. We must then fall back on the nominee’s political preferences to predict the type of justice he will make. That is a bad idea. Far better to choose candidates whose approach to the text is both constraining and predictable, while independent of ideology.
Barnett also has been following the debate over at Volokh.







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