Judging Alito as he would judge
Much of law since the 18th century has been based on the idea that society runs best if judges don't act as legislators, but rather apply and follow the law - and not make it (or do whatever they think best). Critics of this "legal formalism" - or the conforming of new decisions to past decisions - say it doesn't advance rights fast enough or pays too much deference to executive or legislative authority. Alito, in this view, has "erred" by paying due deference to law and elected authority.
- posted by SARTRE @ 4:49 AM