The Corner

Calabresi’s Power

From a reader:

Apparently, he said all this without a hint of irony. Along with other Federal Judges, Calabresi is part of a cadre that, with Brennan’s “Living Document” theory to guide them, hasn’t come across an issue over which they can’t assert power….and yet he was subject only to a Senate vote – far less representative of the nation than an Electoral College vote (which is at least somewhat proportional).

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