The Corner

Law & the Courts

There Is No ‘Dying Wish’ Clause

Isaac, one wonders what other dying wishes Ocasio-Cortez believes should take precedence over the plain text of the Constitution. If Antonin Scalia’s “dying wish” had been for all the cases in which he dissented to be vacated, would the surviving Court have had a responsibility to prioritize it? What if William Rehnquist had wished to be replaced by Miguel Estrada? Ocasio-Cortez is suggesting that we prioritize the personal preferences of a judge over the law as it is written, and that we do so under the cover of mawkish, indignant, superficial rhetoric. Which, given the circumstances, seems rather fitting.

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