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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.
Entire Thread Subject Posted By Posted Nunberg on dictionary use in court decisions AnnaStrophic 11/29/05 08:12 PM Re: Nunberg on dictionary use in court decisions Jackie 11/29/05 09:49 PM Re: Nunberg on dictionary use in court decisions Buffalo Shrdlu 11/29/05 09:53 PM Re: Nunberg on dictionary use in court decisions Faldage 11/29/05 11:14 PM Re: Nunberg on dictionary use in court decisions maverick 11/29/05 11:17 PM Re: Nunberg on dictionary use in court decisions Faldage 11/29/05 11:26 PM Re: Nunberg on dictionary use in court decisions maverick 11/29/05 11:33 PM Re: Nunberg on dictionary use in court decisions TEd Remington 11/30/05 12:54 AM Re: Nunberg on dictionary use in court decisions Father Steve 11/30/05 01:40 AM Re: Nunberg on dictionary use in court decisions Faldage 11/30/05 11:04 AM
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