The XX Factor: What women really think.



  • Judging by Dragnet: "Just the Facts and the Law, Ma'am."


    I’m feeling deflated this morning. For many decades, the legal academy (and to some degree, even the rest of the universe) has been debating the degree to which law is a scientific abstraction—a computer you crank up that spits out the right answer—and the degree to which it is malleable, subjective: a piece of clay that judges necessarily shape. At times, legal realism, as the second position is called, has gone too far. But mostly it’s a hugely welcome breath of fresh air, a way of articulating what everyone intuitively understands. Judges are not robots! They are not, in fact, umpires who just call balls and strikes, to give in to John Roberts’ now all-pervasive sports metaphor, because sometimes they have to determine the size and all the other parameters of the strike zone.

    But now we have Sonia Sotomayor going along with and indeed promoting a view of the law as all about Input automatically dictating Output. As she keeps putting it, in this or some other variation, “I’m a judge who believes the facts drive the law. By drive the law, I mean, determines how the law will apply in that individual case.” Sometimes, it is true that ... (Read more in Double X.)
  • Did Obama Announce the SCOTUS Nominee to Distract Us from Prop 8?


    With all this talk of Sotomayor, we've neglected the other big story from yesterday: Proposition 8 was upheld in California. Maybe this makes me a cynic, or even close to a conspiracy theorist, but I wonder if Obama deliberately announced her nomination yesterday so that Sotomayor would dominate the news cycle, and he wouldn't be forced to comment on the gay marriage ban... (To read the rest of this post, visit our new website DoubleX.com!)
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