[EL] interesting Orin Kerr tweet on today's dissent in the Austin contributions case

[Steve Kolbert]

Orin's tweet appears to reflect his long-held view about the appropriate
and inappropriate roles of judicial dissents. Over a decade ago, he made a
similar criticism of Justice Ginsburg's use of a judicial dissent (in
Ledbetter v. Goodyear Tire) "to push a different branch of government to
enact a law closer to her personal policy preferences."
http://volokh.com/posts/1193284491.shtml

I'm personally undecided about whether a judge--be it Justice Ginsburg,
Judge Ho, or any other judge--may appropriately discuss or advocate for
her/his personal policy preferences in dissenting (or concurring) opinions.
But I wanted to flag this example for the list, since it occurs on the
other side of the ideological spectrum.


Steve Kolbert
(202) 422-2588
steve.kolbert at gmail.com
@Pronounce_the_T


On Thu, Apr 19, 2018, 1:36 PM Steve Hoersting <hoersting at gmail.com> wrote:

> Huh... I was just thinking how much I liked Ilya's Tweet on the same
> subject.
>
> https://twitter.com/ishapiro/status/987006928311242752
>
> (Truth is, Scalia's approach -- and target audience -- in writing dissents
> [or even concurrences] is good enough for James Ho. Wish Orin Kerr felt the
> same way).
>
> On Thu, Apr 19, 2018 at 1:30 PM, Rick Hasen <rhasen at law.uci.edu> wrote:
>
>> https://twitter.com/OrinKerr/status/987016941461098496
>>
>>
>>
>>
>>
>> --
>>
>> Rick Hasen
>>
>> Chancellor's Professor of Law and Political Science
>>
>> UC Irvine School of Law
>>
>> 401 E. Peltason Dr., Suite 1000
>>
>> Irvine, CA 92697-8000
>>
>> 949.824.3072 - office
>>
>> rhasen at law.uci.edu
>>
>> http://www.law.uci.edu/faculty/full-time/hasen/
>>
>> http://electionlawblog.org
>>
>>
>>
>>
>>
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> --
> Stephen M. Hoersting
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