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November 03, 2008


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Kurland said years ago, the problem with the [it was Warren then] Court is a lack of judicial craftsmanship. He would have said that the attitudinal model has always been with us, but Justices used to be able to do a better job of hiding their attitudes within well crafted opinions based upon precedent. Were those Justices disingenuous? I think Kurland would have argued that judicial craftsmanship was an important factor in maintaining public respect for the court and the law. Transparent opinions that expose the politics and attitudes are a bit like letting the public watch sausages being made.

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