Word: elye
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Liberal or conservative, professors agree Ely's brand of judicial restraint could prove popular with the ascendancy of conservatism in Washington. Yet Ely brands as "probably unconstitutional" the recent efforts of the Far Right to limit the Court's jurisdiction on matters ranging from school prayer to busing to abortion...
But interestingly, Cox has an answer for those who would call Ely's advocacy of judicial self-restraint a cover for conservatism. The former Watergate special prosecutor notes that Ely's idol is Earl Warren--to whom Democracy and Distrust is dedicated and that in lionizing the Warren Court. Ely...
To Cox, only a few Warren Court decisions would stray from Ely's "representation-reinforcing" approach, most notably the decisions finding new personal rights, like that to privacy. But since most of the key decisions likely to face the Court soon deal with alleged personal rights (like the abortion decision...
While federal judges say they are familiar with Ely's theory, most seem to doubt that a judge could consistently apply it to tough cases. Washington D C circuit judge Shelly Wright--who asked Ely to clerk for him more than 15 years ago, only to have Ely accept a...
Fifth circuit judge Alyin Robin also lauds the hands-off role Ely posits for the Court, but says Ely's finely wrought theory on the limits of judicial activism could never be perfectly realized. "Sometimes the theory doesn't fit the duty" of the judge, especially in the hard cases...