Non-Breyer SCOTUS Nominees

[True Federalist (진정한 연방 주의자)]

does Thurgood Marshall have a grandson - that's who you should pick to replace Thomas.

Lord no. Thurgood Marshall was a wonderful attorney; he might have made a great legislator, as he certainly acted like he was one while on the Court, but as a judge, he was an absolute disaster.

[True Federalist (진정한 연방 주의자)]

Lord no. Thurgood Marshall was a wonderful attorney; he might have made a great legislator, as he certainly acted like he was one while on the Court, but as a judge, he was an absolute disaster.

Have you become an originalist now, or merely a Kagan-esque textualist?

Neither. Rather, it's that in the absence of an explicit Constitutional provision to the contrary, I believe courts should give full deference to the legislative branches at both the Federal and State level. I strongly advocate the primacy of the legislative branch. Courts have no business determining if laws are good, wise, or popular, just if they are Constitutional. (Similarly, I believe that Chevron deference is sound judicial practice with respect to giving the executive branch the primary function of interpreting legislative intent.)

[True Federalist (진정한 연방 주의자)]

Lord no. Thurgood Marshall was a wonderful attorney; he might have made a great legislator, as he certainly acted like he was one while on the Court, but as a judge, he was an absolute disaster.

Have you become an originalist now, or merely a Kagan-esque textualist?

Neither. Rather, it's that in the absence of an explicit Constitutional provision to the contrary, I believe courts should give full deference to the legislative branches at both the Federal and State level. I strongly advocate the primacy of the legislative branch. Courts have no business determining if laws are good, wise, or popular, just if they are Constitutional. (Similarly, I believe that Chevron deference is sound judicial practice with respect to giving the executive branch the primary function of interpreting legislative intent.)

I generally think those that proclaim "legislating from the bench" are merely just screaming about a decision they didn't like.

Sort of like how many people sing the praises of federalism only when they don't control the national government.

That said, the Lochner era demonstrates that conservative judges have been just as willing as progressive judges to legislate from the bench.