I used to be revising a paper on the connection between fairness and property, and I had event to search for this basic line from Justice Scalia:
I’m not so naive (nor do I believe our forebears had been) as to be unaware that judges in an actual sense “make” regulation. However they make it as judges make it, which is to say as if they had been “finding” it—discerning what the regulation is, moderately than decreeing what it’s at this time modified to, or what it is going to tomorrow be.
James B. Beam Distilling Co. v. Georgia, 501 U.S. 529, 549 (1991) (Scalia, J., concurring within the judgment).
Two justices joined Justice Scalia’s opinion. With out trying, are you able to guess which of them?
