I have tremendous respect for Hugh Hewitt (and I enjoy his radio show), but I think Orin Kerr gets the best of him on Schiavo. As Orin explains, at the end of the day, the law is what Congress actually enacts, not what any given member (or members) says, nor what any member (or members) intended. Asking Court’s to follow legislative “intent,” rather than legislative text (as informed by precedent), is a recipe for judicial mischief.
Share this story

About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
Advertisement
Advertisement





Comments