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I always figured that an activist judge was one who came up with decisions that you don't agree with. As far as textualism goes, the opinion of Justice O'Connor on the use of a firearm to obtain drugs was a particularly egregious example. And, as I remember from the Nunberg piece, textualism was explicitly defined as not paying any attention to the intent of the law-makers. I remember reading a Louisiana anti-abortion statute that could, in the hands of a clever word-slinger, be interpreted to outlaw caesereans.
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Nunberg on dictionary use in court decisions
AnnaStrophic 11/29/2005 8:12 PM ![]()
Re: Nunberg on dictionary use in court decisions
Jackie 11/29/2005 9:49 PM ![]()
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Buffalo Shrdlu 11/29/2005 9:53 PM ![]()
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Faldage 11/29/2005 11:14 PM ![]()
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maverick 11/29/2005 11:17 PM ![]()
Re: Nunberg on dictionary use in court decisions
Faldage 11/29/2005 11:26 PM ![]()
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maverick 11/29/2005 11:33 PM ![]()
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TEd Remington 11/30/2005 12:54 AM ![]()
Re: Nunberg on dictionary use in court decisions
Father Steve 11/30/2005 1:40 AM ![]()
Re: Nunberg on dictionary use in court decisions
Faldage 11/30/2005 11:04 AM
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