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[QUOTE]Originally posted by TSN: [QB] <blockquote>"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."</blockquote> The problem is, he [i]wasn't[/i] speaking as a private citizen. The only reason he was giving that talk in the first place was because he's a Supreme Court justice. They didn't say, "Hey, let's get this guy to give a speech, and whoa, he's on the Supreme Court?! Who knew?!". I wouldn't advocate following him around and trying to tape everything he says as a private citizen. I see no reason for the public to know what he whispers in his wife's ear when they have strictly-missionary-style sex (there, try to get [i]that[/i] image out of your brain). But it's a different matter when he's giving a speech directly because of his Supreme Court justicehood. [/QB][/QUOTE]
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