Document Type

Article

Publication Date

6-20-2019

Abstract

Throughout American history judges and legal scholars have articulated and maintained a sharp separation between law and politics This essay asks the question Why do so many judges and scholars devote so much time and energy to bolstering this lawpolitics dichotomy Using William Baude and Stephen E Sachss recent article The Law of Interpretation as a Springboard this essay explores the history and political valence of the dichotomy From Baude and Sachs perspective politics is like a disease if it infects legal interpretation then it threatens the health of the judicial process But the history of the lawpolitics dichotomy reveals that it empowers legal scholars to articulate and judges to implement their political preferences without acknowledging as much Politics it turns out acts tacitly through legal and judicial processes

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