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[QUOTE]Originally posted by David Sands: [QB] Jay, I won't get too deep into it because I'm not a credientialed jurisprude, but your statement implies to me that you hold a derivative assumption of the legal realist school of jurisprudence: that all judicial processes are politics by other means. Because Justice Scalia is a policy-setter by means of his role, the public has a right to know everything that he says, not matter whether he actually is saying something as a private citizen. Now, I won't say that that adjudication has [i]no[/i] political valence. However, if one took seriously legal formalism (a competing jurisprudential camp, and one from which Justice Scalia derives much of his philosophy) as a valid decription of how judges decide cases, then it is possible that a judge who practiced [URL=http://lsolum.blogspot.com/archives/2003_11_01_lsolum_archive.html#107021225850211259]virtue jurisprudence[/URL] (sorry, it's a long post, but more eloquent than I can explain here) could comment on such contentious cases without rendering his interpretation of the law apart from actual litigation. If that is the case, there is little danger in having someone like Justice Scalia give these talks where these topics arise. No policy is set in such events because he has not engaged in the judicial decisionmaking process. However, the danger that his words could be twisted in such a way as to impugn the impartiality of his tribunal still exists. As he is ethically obligated to minimize appearences of partiality, I think his choice to restrict what media may be recorded is an appropriate one. [/QB][/QUOTE]
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