[neverdem]

Jeffrey Rosen

Bruce Gilden/Magnum, for The New York Times
Chip Mellor, Institute for Justice.

Bruce Gilden/Magnum, for The New York Times
Michael Greve, American Enterprise Institute.

Bruce Gilden/Magnum, for The New York Times
Richard Epstein, University of Chicago.

This is a long and informative articlce about the judiciary since FDR. It's pretty fair even though it's written by a lefty, IIRC.

From time to time, I’ll ping on noteworthy articles about politics, foreign and military affairs. FReepmail me if you want on or off my list.

[duck duck goose]

Thanks for the ping.

[ken21]

the photos of the conservatives seemed offensive to me.

it was as if the nyt did what the media always does, take several hundred fast shots, and chose the least attractive of the lot for the conservatives.

[hocndoc]

Thanks for the ping, neverdem, and for posting this, ken21.

Do all those people in the photographs *want* to look like it's 1937, again? Can we just make it wishful thinking?

There is, as Robert George has noticed, a "Clash of Orthodoxies." Some of us see nothing wrong with overturning laws which are based on penumbras and emanations, while others are just as accepting of the devining of such.

Life, liberty, and property - in that order, and as "First principles" - are the only ligitimate concerns of a legitimate government, especially at the Federal level. If a legislature or a judiciary cannot find a basis for a law in these three, then the law is not a legitimate Federal matter.

But, of course, everyone should agree with my interpretation of "Life, liberty, and property" before they start action. (grin)

One issue is the activism - and the definition of "activism." I've read comments that seem to imply that there is a difference of opinion between Thomas and Scalia on what constitutes "originalism" and activism. I'm still deciding which side of that fine line I'm on. With my primary concern being the first of the First Principles, I may tend toward what Scalia, and this author most certainly would, consider activism.

[lainde]

bump and thanks!

[NormanCjr]

the posted picture of richard epstein looks quite unlike the one on his website: http://www.law.uchicago.edu/faculty/epstein/