Rule-Of-Law Judge? That’s Code for Ideologically Conservative Judging

Abstract

Judges often proclaim—typically during a political campaign—that they are a "rule-of-law judge." This commentary calls that description “a clichéd truism." Beyond that, though, what’s wrong with the description? First, it’s hopelessly simplistic. The second objection is that it signals a so-called textualist approach to judging. The commentary briefly discusses the deficiencies of textualism and explains why it has become the brand name for ideologically conservative judging.

Note: This article first appeared in Michigan Lawyers Weekly and is reprinted with permission.

Keywords: rule-of-law judge, textualism, dictionaries, ideological judging

JEL Classification: K10, K40