Q&A: A Troubling Article
Originally published:
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A Troubling Article
Answer
I read it and didn’t find anything troubling at all (except for the ending about the Fogelman precedent). You can’t object to judges who apply a left-wing agenda while at the same time rebuking a judge who does not apply a right-wing agenda. He is consistent in being conservative, even if that does not come out “right-wing.” Conservatism is a legal approach and therefore legitimate as part of judicial reasoning; right-wing ideology is not. I am completely in favor, and Stein’s rulings seem to me remarkably sensible and consistent.