This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Constitutional Law,
Letters

Mar. 25, 2016

Letter to the editor: Chemerinsky wrong about 'value choices'

Dean Erwin Chemerinsky's recent column incorrectly argues that U.S. Supreme Court justices may, indeed are required to, consider their own subjective values in interpreting the U.S. Constitution.

Richard A. Nixon

Email: pres37th@aol.com

San Fernando Valley College of Law

Richard, a practicing attorney in Los Angeles County and a Vietnam-era veteran, is the author of "America: An Illusion of Freedom."

See more...

Dean Erwin Chemerinsky's recent column, "Judging requires value choices" (March 15, 2016), argues that U.S. Supreme Court justices may, indeed are required to, consider their own subjective values in interpreting the U.S. Constitution. He begins by suggesting that the Constitution was intentionally written in broad, open-ended language, and that the court has interpreted this to mean that the 8th Amendment is based on "evolving standards of decency." Of course, this begs the question, i.e....

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up