Cracking The Alito Codebook

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The canard most frequently used by Supreme Court nominees before the Senate is that, in construing the Constitution in tough cases, justices function essentially like machines: Just insert the applicable constitutional language, context, history, precedents and facts, and justices mechanically determine what the law is, without exercising judgment or discretion or drawing upon their personal experience or values. Make no mistake about it: That view of the role of a justice is a myth

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