U.S. Supreme Court
Oct. 2, 2023
Part II on interpreting our Constitution: the voters vs the judges
Maybe Plato had a point – democracy is pretty good, but once in a while it gets out of hand, and nine old wise guys and gals are occasionally needed to set it straight.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
My last column began an exploration of how I – in the unlikely event that the President might nominate me to the U.S. Supreme Court – would explain to the Senate Judiciary Committee how I would interpret our Constitution.
I suggested that, while conservatives have recently appropriated the theories of “textualism” and “originalism” to advance their causes, maybe there’s something worthwhile in these notions – so long as they are honestly ...
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