Bench Memos

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Senator Specter’s Questioning


Senator Specter says those criticizing the “wise Latina” speech are “making a mountain out of a molehill” because everyone is proud of and influenced by his or her background — but, of course, the problem with her remarks is that she said that her race and ethnicity made her better than those who didn’t share them. Specter then criticizes Robert Bork’s insistence on originalism because the folks back in the old days were politically incorrect — but if you think what the Framers wrote into the Constitution is politically incorrect, Senator Specter, why not amend it rather than encourage judges just to make up new constitutional provisions or ignore or distort the ones you don’t like?


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