In a recent NRO interview , Justice Amy Coney Barrett said she did not "like this common good constitutionalism movement," suggesting it was too "results-oriented."
At the New Digest, Professor Adrian Vermeule, author of Common Good Constitutionalism , has responded to Justice Barrett's comments . Here is a taste:
here is a serious ambiguity in Justice Barrett's critique. 4 There is a sense of "result-oriented" that Justice Barrett would be quite right to criticize; in this sense, the judge must avoid result-orientation at all costs. This sense is captured in the federal judicial oath mandated by 28 U.SC. 453, which requires the judge to swear to "administer justice without respect to persons, and do equal right to the poor and to the rich." The judge must show no partiality whatsoever a