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Rule-Of-Law Judge? That’s Code for Ideologically Conservative Judging

Kimble, Joseph, Rule-Of-Law Judge? That’s Code for Ideologically Conservative Judging (February 15, 2023). Michigan Lawyers Weekly, February 15 2023, Available at SSRN: https://ssrn.com/abstract=4436620 “Judges often proclaim—typically during a political campaign—that they are a “rule-of-law judge.” This commentary calls that description “a clichéd truism.” Beyond that, though, what’s wrong with the description? First, it’s hopelessly simplistic. The second objection is that it signals a so-called textualist approach to judging. The commentary briefly discusses the deficiencies of textualism and explains why it has become the brand name for ideologically conservative judging.”

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