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This Harvard Law prof thinks constitutional theory is a terrible way to pick a judge
What if we are asking the wrong questions when selecting American judges? Mark Tushnet thinks our current criteria might be off.
“We should look for judges who are likely to display good judgment in their rulings … and we shouldn’t care whether they have a good theory about how to interpret the Constitution as a whole—and maybe we should worry a bit if they think they have such a theory,” the Harvard Law professor writes in his new book, Who Am I to Judge? Judicial Craft Versus Constitutional Theory.
In looking at what qualities were shared by great Supreme Court justices, Tushnet identified…
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