On Judges

A few quick comments on Alvin's post below:

1. I have not read the Rex E. Lee book mentioned below but it sounds interesting---maybe someone should select it for the book club?

2. I'd like to emphasize that when Alvin criticizes "conservatives" below for inconsistency he is referring, in my opinion, to social conservatives. Having called myself a conservative earlier I think it's important to differentiate---I do not consider myself a social conservative and there are many conservatives who would not favor prayer in school/abortion restrictions etc. This is another example of where I think party affiliation can be misleading.

3. Scott wrote awhile back that he favored a "living constitution" approach and Karl has mentioned his dislike for the term "legislating from the bench." I disagree with them on the role of the judiciary but would like to understand their position better. My question for them: is it possible, in your opinion, for the supreme court to wrongly decide a case, or to overreach? If so, on what basis would you decide that?

4. I have recently become a bit of a supreme court junkie. This is almost entirely due to one site: http://www.oyez.org/. You can listen to the oral arguments for almost any recent case before the court. You can also read the opinions (which you can do at other sites also of course). It has given me a greater respect for all the justices---most especially those with whom I disagree---and I highly recommend spending some time there. I will warn you that it may make you, like me, desperately wish you had another life to live to study constitutional law.