Bench Memos

What is a “Moderate” Interpretation of a Text, Anyway?

The White House is determined to portray Merrick Garland as some kind of “moderate.” But interpreting the Constitution isn’t exactly a left-right thing (or at least it shouldn’t be). The late Justice Scalia put things in perspective several years ago, observing: “What is a ‘moderate’ interpretation of the text? Halfway between what it really means and what you’d like it to mean?”

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