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ROGER THORNHILL



Tuesday, July 05, 2005

Amusing if you went to law school (maybe)

Here's a wonderful little paragraph from a New York Times story I just read:

"But even one of the conservative movement's favorite candidates, Judge J. Michael Luttig of the Court of Appeals for the Fourth Circuit in Richmond, Va., agreed to invalidate a Virginia ban on a form of abortion that the law calls partial birth - a restriction he had previously upheld - after the Supreme Court struck down a similar law in Nebraska. As a member of the Supreme Court, would he feel even more bound by its precedents and traditions?"

So, because the Supreme Court resolved a legal question and then Luttig, a judge of a lesser appeals court, subsequently followed the rule the Supreme Court laid down, that makes him exceptional, suspect in his ideological fortitude, or whatever? That's his job. How does doing his job give the slightest indication of he might conduct himself on the Supreme Court? I'm not sure I've managed to convey how silly and misguided that paragraph is, or how its author, a leading reporter for the paper, might not understand some pretty basic things about the judicial system, but since it's late and most everyone I know who reads this has been to law school, I'm going to leave it at that.

1 Comments:

Blogger syp said...

Um, how long has that reporter been on the legal 'beat'?

July 06, 2005 4:48 PM  

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