"These justices are individuals who tend to examine closely the consequences of legal decisions in terms of their effects on the larger society, as well as to examine a legal outcome in terms of the specifics of a particular record."
"Justice Souter, for example, prides himself on not resolving any case other than the one before him," Kmiec said, "whereas Justice Breyer has a little bit more of an academic scope – in that he not only decides the case in front of him in a pragmatic way, but also tries to analyze what that practical solution would mean for related areas of the law – for example, he’s an expert in administrative law."
Friday, October 31, 2008
Completing His Obamian Transformation
While noted Obama enthusiast Doug Kmiec doesn't explicitly say in this interview that he approves of the fundamentally idiotic judicial philosophies of Supreme Court Justices David Souter and Stephen Breyer (who are the kind of justices Kmiec says a President Obama would look to appoint) he definitely implies such an approval (h/t):