[FRIAM] Calling Bullshit

[Eric Charles]

If one were being generous with her (not sure why we would, but "if"), then
she is correct, in so much as modern "conservative" politics is only
loosely related to the tradition of "originalist" jurisprudence. Modern
"conservative" politics wants judges that agree with their agenda, not
judges that act on principles, and they prefer originalist judges over the
alternatives based on a few issues that are highly important to them at the
moment. It is, at best, a temporary alliance.

This can be seen more clearly in cases where all the justices agree, or
when the court splits on other than the "libreal-conservative" dimension.
The vitriol that ensues from the conservatives towards the judges who were
"supposed to" find in their favor is impressive - it seems far stronger, at
least in that moment, than their vitriol towards the judges that
consistently disagree with them. Of course, we pay the most attention to
cases where the "liberal-conservative" split happens... so that dimension
has a strong salience whenever SCOTUS is benign discussed.

As for the pragmatism thing, I think she is clearly using it with a small
"p" instead of a capital "P" as one might with Oliver Wendell Holmes, or
even Judge Posner. Beyer seems interested in finding practical solutions to
the problems before him, more than sticking to grand principles or a
particular, unique, way of approaching the law.



On Mon, Sep 13, 2021 at 11:43 AM uǝlƃ ☤>$ <gepropella at gmail.com> wrote:

> On 9/13/21 8:14 AM, thompnickson2 at gmail.com wrote:
> > Glen, I wonder what ACB thinks "pragmatism" is.   Holmes was a prime
> member of the Metaphysical Club with Peirce and James.  Was he a Judicial
> Pragmatist?  On Comey's account?  I would love to know.  Thing we have
> learned is that a besotted person is a besotted person first and last, no
> matter how intelligent they are.
>
> Yeah, I thought her [ab]use of the term might trigger you. I think her
> usage is just fine. Were she at my pub, I'd ask what the difference is
> between being pragmatic and being "textual" ... those liberal justices are
> probably "postmodern marxists". Pffft.
>
> On 9/13/21 8:14 AM, Marcus Daniels wrote:
> > Being an 'originalist' is the sort of thing that bible school might
> teach one to do?
>
> I don't think so, at least not in a naive sense. I've never been to Bible
> School. But my Church of Christ friend claims they were taught to "read
> through" the text, like a good modernist. So, they were very tolerant of
> metaphor. The grape juice and crackers were *not* actual blood and flesh.
> At least *some* subset of the protestants aren't batsh¡t.
>
>
> --
> ☤>$ uǝlƃ
>
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