Thursday, June 25, 2015
The role of the judge
OK, I think I finally get it! The role of the judge in constitutional interpretation is to insert into the text words that aren't there but, in the judge's opinion, should be ("abortion," "marriage," etc.). The role of the judge in statutory construction is to remove from the text words that are there but, in the opinion of the judge, should not be. Eureka! (I must have been absent the day they taught this in law school.)
https://mirrorofjustice.blogs.com/mirrorofjustice/2015/06/the-role-of-the-judge.html