Author Archive | Erik Jaffe

I was fascinated by Orin’s discussion of the pique displayed in the Ninth Circuit regarding the DOJ’s refusal to introduce evidence of reasonable suspicion for a border search even though such evidence likely existed. I actually have a good deal of sympathy for the argument that such tactics are like seeking an advisory opinion, though […]

Lots of the coments have attacked various notions of originalism and argued for the inevitable influence of a Justice’s policy views on outcomes in at least close cases. A couple of observations. First, I do think that a theory of originalism focused on the public meaning of speific words at the time they were used […]

I see that in the hearings Charles Fried makes a point similar to mine. August company for me, less so for him. The professors complaining about Judge Roberts continue to fall into the same trap. The notion that the courts should be a beacon for some particular substantive agenda rather than simply for scrupulous adherence […]

I am struck, watching the hearings, at the complete disconnect between the criticisms of many of those opposing Judge Roberts and a cogent view of the role of the courts. It seems that many of the criticisms are policy based — x or y rulings would lead to bad RESULTS — and make no reference […]

After an unusually long hiatus I find myself drawn back into posting by having seen this recent post. (And no, I did not write it, for those of you with memories that go back that far.) Regarding the substance of the dispute between Ponnurru and Goldstein, I generally could not care less, which I guess […]