Sunday, July 01, 2007

Habeas Corpus, Habeas Corpus

I consider myself a liberal, but I also identify strongly with a textualist tradition of legal interpretation. That puts me in a tight spot when trying to develop opinions on cases like Panetti v. Quarterman. While Mr. Panetti was, and is, obviously insane, the Fifth Circuit already heard the habeas motion and dismissed it (per Justus Thomas's decent). Do you hold a strict reading of the law like Thomas, or do you make things up in the name of a right-end like Kennedy? Orin Kerr over at Volokh has more intelligent things to say than I could.

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