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John Adams Blog

The blog of The Antient and Honourable John Adams Society, Minnesota's Conservative Debating Society www.johnadamssociety.org

Friday, October 28, 2005

Who now?

Tradesports has Sam Alito (left) at 31 cents (to win a dollar if he's nominated) and Michael Luttig (middle) at 19 cents. That's a fifty percent chance that one of them will be nominated. I'm not a lawyer and not familiar with any of them.

But I do wish we could clone Scalia. He has a really nice article in First Things, a review of Law Professor Steven Smith's book Law's Quandry.

Smith's thesis is that the law community says that religion is not allowable in a discussion of the law, but then acts as if the law exists as something separate from judges. Scalia argues that this is, in fact, not a quandry at all. If a judge restricts his role to interpreting the actual texts of statutes and constititions, then he does not need to believe or act like he believes that the there is some such thing as the law floating around out there. We only have a quandry - we need this disembodied law floating around but don't want to admit it's there - if we have an expansive view of the role of a judge.

And assuming this is a picture of Luttig: doesn't he look a bit too much like Stuart Smalley?

Blogger Scribbler de Stebbing said...

I thought he looked like Dick Gephardt, who looks like Stuart Smalley.

5:58 PM, October 29, 2005  
Blogger Scribbler de Stebbing said...

Luttig clerked for Scalia, and Alito has been nicknamed Scalito, so the odds are that they'd be close. Certainly better bets than Miers.

9:50 AM, October 30, 2005  

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