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"Today's opinion," Chief Justice Roberts wrote, "requires state and federal judges simultaneously to act as political scientists (why did candidate X win the election?), economists (was the financial support disproportionate?) and psychologists (is there likely to be a debt of gratitude?)." Justice Scalia, in a separate dissent, said Monday's decision illustrated a larger jurisprudential problem.
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Screws v. United States was a jurisprudential tease.
First, it distorts the jurisprudential aspects of the case.
"There is plentiful historical and jurisprudential evidence for that".
As a lawyer, I disagree with his jurisprudential assumptions.
Liberal groups, on the other hand, focused on the result and not the jurisprudential infighting.
At this moment, the liberals face not only jurisprudential but actuarial peril.
There are two jurisprudential avenues by which the justices could make gay marriage a constitutional right.
But Scalia is the most likely to offer the jurisprudential equivalent of smashing a guitar onstage.
"He was a burden to me on the educational, professional, jurisprudential, and sometimes personal levels," Fadl complained.
(He favors both strict jurisprudential originalism and judicial restraint, seemingly unaware that the two conflict as often as they coincide).
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com