Wednesday, December 15, 2004

Solum on Balkin on Drum on Krannawitter on Thomas

Larry Solum has a typically thoughtful post discussing the dispute over Justice Thomas's belief in natural law. A key quote:
Drum's point is that Thomas was violating an ideal of public reason, because Supreme Court Justices are "supposed to interpret the constitution on secular grounds." Of course, Justice Thomas does interpret the constitution on secular grounds in his opinions for the Court. The question then, is whether it is proper for a Supreme Court justice to argue that the underlying moral foundation for the constitution is religious in extra-judicial discourse.
Stuart Buck


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