It’s not every day that a Supreme Court Justice writes a review of a law professor’s work. Given that, check out Justice Scalia’s book review of Steven Smith’s new book Law’s Quandary. Its conclusion:
As one reaches the end of the book, after reading Vining’s just-short-of-theological imaginings followed by Smith’s acknowledgment of “richer realities and greater powers in the universe,” he (she?) is sorely tempted to leap up and cry out, “Say it, man! Say it! Say the G-word! G-G-G-G-God!” Surely even academics can accept, as a hypothetical author, a hypothetical God! Textualists, being content with a “modest” judicial role, do not have to call in the Almighty to eliminate their philosophical confusion. But Smith may be right that a more ambitious judicial approach demands what might be called a deus ex hypothesi.
Thanks to Howard (who else?) for the link.
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