The majesty of justice

Liberals have traditionally been very much concerned with procedure, perhaps because they justify their rule by saying they impose nothing substantive but only a general requirement of fair play. On the other hand, it’s obvious that on some issues like affirmative action they know what the answer has to be and all others are not only wrong but inconceivable. What happens when the two tendencies conflict? Disorder in the Court suggests the answer: substance wins. That shouldn’t be a surprise. The demand for equality has corrupted substantive law and even science; why expect judicial procedure to be different?
Posted by Jim Kalb at June 20, 2002 07:51 AM | Send