February 2, 2017

CONSERVATIVES DON'T ACTUALLY WANT AN ORIGINALIST...:

A Highly Competent Choice (Peter Augustine Lawler, 2/01/17, National Review)

Now our friend Ilya Somin, a libertarian originalist, is concerned about his views concerning judicial review. He's not about reversing key New Deal precedents, and he's not likely to be aggressive in striking down ordinary state and local law as presumptive violations of "liberty" or individual rights. Judicial review is meant to be an extraordinary remedy in our democracy. 

Those, such as Somin or Randy Barnett or George Will, looking for lots more "judicial engagement" on the economic/regulatory front are likely to be disappointed by Gorsuch's restraint. And in many areas his thought is that the courts should do less -- and legislatures do more -- in shaping the future of our country. [...]

If Gorsuch is an even better version of Scalia than Scalia himself, it's because he's unassuming enough to avoid Antonin's rhetorical self-indulgence, which sometimes diverted attention from the real issues.

...but an activist.



Posted by at February 2, 2017 5:28 AM

  

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