Klobuchar asks Kagan about Chief Justice Roberts’s umpire metaphor. Kagan discusses respects in which analogy is apt. Metaphor has its limits. (Roberts would certainly agree; that’s why it’s only a metaphor.) Judging not robotic. (Who, besides Sotomayor, has suggested otherwise?) It’s law all the way down. (Yes, but — see my point 1 here.)
Share this story

About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
Advertisement
Advertisement





Comments