Thursday, April 06, 2017

A Federal Court Rewrites the Civil Rights Act

A Federal Court Rewrites the Civil Rights Act
I like the outcome, but this is a bad precedent. The judiciary should not just make shit up and find new law, even if - especially if, you agree with it. "Let’s be clear, however: The liberal judiciary doesn’t really embrace a philosophy of “judicial statutory updating” (or, in constitutional law, the “living constitution”). If you doubt me, watch them howl if conservative justices were to rewrite a statute that liberal justices liked. Then, they’d be all about the words on the page. Then, they’d be all about original public meaning."

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