I'll have more to say about living constitutionalism in a later posting this week, but in the meantime, I wanted to offer a few remarks about Eric Posner's
call for judicial restraint
last week. Eric makes three suggestions in his critique. Eric's first point is that judges should engage in more judicial restraint. Eric's second point is that this is not only his view: There is a growing consensus of other constitutional theorists forming in favor of judicial restraint. Eric's third point is that constitutional theorists should recognize that judges don't pay attention to constitutional theory and don't care what constitutional theorists think.
Am I the only one who sees a potential problem here?
TODAY IN SLATE
Ben Bradlee Dead at 93
The legendary Washington Post editor presided over the paper’s Watergate coverage.
This Scene From All The President’s Men Captures Ben Bradlee’s Genius
Renée Zellweger’s New Face Is Too Real
Sleater-Kinney Was Once America’s Best Rock Band
Can it be again?
Whole Foods Is Desperate for Customers to Feel Warm and Fuzzy Again
I’m 25. I Have $250.03.
My doctors want me to freeze my eggs.
Forget Oculus Rift
This $25 cardboard box turns your phone into an incredibly fun virtual reality experience.