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Does Judge Luttig's textualism make him less conservative?

Todd Zywicki ponders a weekend Washington Post article on Judge Luttig, whose name is oft-mentioned as a short-lister for President Bush's Supreme Court nominee to replace Sandra Day O'Connor.

According to Zywicki, the article reports on why one of Luttig's colleagues of the 4th Circuit was rated as more conservative than Luttig:  Turns out the survey compared their decisions on the bench. Zywicki writes:

"The article suggests that the reason for this counterintuitive result may be Luttig's commitment to textualism as part of his larger judicial philosophy ... This has been noted in the context of the recently completed Supreme Court term, where in several high-profile cases some of the individual Justice's votes were hard to explain in terms of political ideology, but instead seemed to reflect differences in judicial philosophy, such as principles of federalism. Luttig has articulated his philosophy of textualism in a number of interesting cases over his time on the bench ..."

Posted by Laurel Newby on July 18, 2005 at 01:53 PM | Permalink | TrackBack (0)

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