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The Constitution won't interpret itself. Ketanji Brown Jackson owes us an answer on her judicial philosophy.

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Judge Ketanji Brown Jackson testified during her Senate confirmation hearing that her judicial “philosophy” is her judicial “methodology,” and that her judicial methodology is to be neutral, to understand the facts and to interpret the law.
That testimony was problematic.
Judicial philosophy is the way a judge understands and interprets the law. Different theories of interpretation sometimes lead to different answers about the meaning of the Constitution, which is why it is important to know what a Supreme Court nominee’s judicial philosophy is.
What’s her judicial philosophy?:Ketanji Brown Jackson defies efforts to label her. Here’s why.
All judges, including Supreme Court justices, are required to interpret three categories of law: the Constitution, statutes and case precedents. A judicial philosophy is necessary in every category.
Our laws pose inescapable questions
The most important type of law that a Supreme Court justice must interpret is the Constitution. Significantly, the Constitution is not self-interpreting. Understanding what America’s fundamental law means presupposes a judicial philosophy and poses inescapable questions of substantive value choices.

Scholars have identified six principal theories for interpreting the Constitution:
►Textualism focuses on the language of the Constitution. Justice Hugo Black was the Supreme Court’s most committed textualist.
►Originalism is concerned with understanding what the Constitution’s text meant at the time it was written. Justice Antonin Scalia was the most celebrated originalist.
►Structuralism is a method of inference from the structures and relationships created by the Constitution. John Marshall, the “great chief justice,” was a structuralist.
►Doctrinalism is analysis based upon the application of precedent. John Roberts, the current chief justice, is a doctrinalist.
►Prudentialism balances the interests and values surrounding a case. Stephen Breyer, the justice whom Jackson has been nominated to succeed, is a prudentialist.
►Moralism decides cases in light of the ethos of the Constitution. Justice Thurgood Marshall, who argued and won Brown v. Board of Education as a civil rights lawyer, was a moralist.
Different theories can lead to different answers. For example, a textualist approach would conclude that the Constitution does not guarantee an individual’s right to privacy – what has come to be known as “personal autonomy” – because the word “privacy” does not appear in the Constitution, whereas a moralist would likely conclude that privacy is protected by the Constitution because individual liberty is central to the Constitution’s ethos.
It’s exhausting to be a Black woman.:Just ask Supreme Court nominee Ketanji Brown Jackson.

The aforementioned theories of constitutional interpretation are not mutually exclusive, and a specific Supreme Court justice sometimes employs different theories in different cases. But each case requires more of a judge than a professed commitment to impartiality and to the application of the facts to the law. Even an impartial judge must interpret the law before he or she can apply the facts of the case to the law. And that requires a judicial philosophy about legal interpretation.
Judicial theories and values differ
A judicial philosophy is also necessary for interpreting statutes. Not surprisingly, there are different theories of statutory interpretation. The two principal approaches are the textualist approach that Scalia championed and the purposive approach favored by Breyer.
Scalia, who coauthored a book in 2012 titled “Reading Law: The Interpretation of Legal Texts,” famously insisted that legislative history was irrelevant to the meaning of a statute and that judges should avoid invoking it. According to Scalia, a judge should focus solely on the text of the statute as illuminated by time-honored textual canons of construction, such as “ejusdem generis” (which means of the same kind, class or nature) and “expressio unius est exclusio alterius” (which means the express mention of one thing excludes all others).

Breyer, in contrast, maintains that the purpose for which a statute is enacted is of primary importance when interpreting it. Breyer wrote that a purposivist approach to statutory interpretation incorporates “widely shared substantive values, such as helping to achieve justice by interpreting the law in accordance with the ‘reasonable expectations’ of those to whom it applies.”
Judges have (and need) a philosophical lens
A judge needs a philosophy for interpreting precedent. The Mississippi case on the Supreme Court’s current docket about whether the Roe v. Wade and Planned Parenthood v. Casey abortion precedents should be overruled illustrates how important it is for a justice to a have a philosophy about precedent.
Quite the difference:Ketanji Brown Jackson getting the respect that Amy Coney Barrett was denied
Lawyers and judges who argue that the court’s pro-choice precedents should not be overruled insist that every argument against Roe was rejected in the court’s 1992 Casey decision, and that nothing has changed since then except the composition of the court. They also emphasize that adherence to Roe and Casey is important to reaffirm the court’s commitment to stare decisis and the rule of law, and that preserving respect for the rule of law is an elemental judicial task.
Those who want Roe and Casey overruled maintain that both were “egregiously” wrong, and that the Constitution’s text trumps judicial decisions that are inconsistent with the Constitution. As one conservative law professor succinctly put it, “The doctrine of stare decisis cannot properly be understood or applied in such fashion as to permit the justices deliberately to render a decision contrary to the correct reading of the Constitution.”
Jackson came across during her confirmation hearing as a bright and well-credentialed judge, and as a nice person. But a Supreme Court justice needs a judicial philosophy. Jackson should tell the American people what hers is.
Scott Douglas Gerber is a law professor at Ohio Northern University and an associated scholar at Brown University’s Political Theory Project. His nine books include “A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787.”
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Razzies royally torch 'Diana' musical and 'Space Jam 2,' show love to Oscar favorite Will Smith

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In its proclamation of the worst films of 2021, the Razzies lambasted a critically reviled Princess Diana musical and LeBron James’ “Space Jam” sequel, but spread love instead of hate for Will Smith.
The Golden Raspberry Awards, annually announced the day before the Academy Awards, bestowed five dishonors on Netflix’s “Diana: The Musical,” a filmed production of the recent Broadway show that closed after 33 performances. “Diana” beat out “Infinite,” “Karen,” “Space Jam: A New Legacy” and “The Woman in the Window” for worst picture, plus picked up worst screenplay and worst actress for star Jeanna de Waal.
“New Legacy,” the live-action/animated hybrid basketball comedy featuring James hooping it up with Bugs Bunny and Co., earned three Razzie awards. James was named worst actor and also was saddled with worst screen couple – which went to James and “Any Warner Cartoon Character (or WarnerMedia Product) He Dribbles On” – while the movie snagged worst sequel.
How to watch the 2022 Oscars:Everything you should know about Sunday’s Academy Awards
“House of Gucci” star Jared Leto lost his Screen Actors Guild race for best supporting actor but nabbed the Razzie for worst. And Bruce Willis does so many VOD movies now that he received his own special category (worst performance by Bruce Willis in a 2021 movie) that, to no one’s surprise, he won – for “Cosmic Sin.”
Smith, who’s expected to win the best actor Oscar Sunday for “King Richard,” received this year’s Razzie Redeemer Award for previous Razzie honorees who’ve come back with quality efforts. Recent winners include Ben Affleck, Sylvester Stallone, Melissa McCarthy and Eddie Murphy.
The full list of this year’s Razzie “winners”:
Worst picture: “Diana: The Musical”
Worst actor: LeBron James, “Space Jam: A New Legacy”
Worst actress: Jeanna de Waal, “Diana: The Musical”
Worst supporting actress: Judy Kaye, “Diana: The Musical”
Worst supporting actor: Jared Leto, “House of Gucci”
Worst performance by Bruce Willis in a 2021 movie: Bruce Willis, “Cosmic Sin”
Worst screen couple: LeBron James and Any Warner Cartoon Character
(or WarnerMedia Product) He Dribbles On, “Space Jam: A New Legacy”
Worst remake, rip-off or sequel: “Space Jam: A New Legacy”
Worst director: Christopher Ashley, “Diana: The Musical”
Worst screenplay: “Diana: The Musical”
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Business
As more marijuana dispensaries get targeted by robbers, SAFE Banking Act lingers in Congress

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A bill that could allow electronic transactions at weed dispensaries nationwide is again make its way through Congress but the SAFE Banking Act might not be the cure-all that supporters envision.
In over a decade of operating cannabis shops in Washington, Shea Hynes never once worried about his stores getting robbed at gun point – until recently: In a span of three weeks, his stores were robbed three different times at gun point.
Reports of armed robberies at cannabis dispensaries like Hynes’ have nearly doubled in the first quarter of this year compared with all of last year, according to data maintained by the Craft Cannabis Coalition. The group, which represents more than 50 stores in Washington, has recorded more than 65 armed robberies so far this year, compared with 35 in 2021 and 29 in 2020.
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Travel
Takeaways from Friday's Sweet 16: North Carolina looks like national title contender

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CHICAGO — In a ridiculous coincidence, the Saint Peter’s Peacocks wrote NCAA Tournament history on National Peacock Day with a thrilling upset of Purdue.
The mid-major became the first-ever No. 15 seed to reach the Elite Eight, outdoing previous No. 15 seeds Oral Roberts (2021) and Florida Gulf Coast (2013). Exactly 0.8% of people picked the Peacocks to get this far, with the school from Jersey City, New Jersey, defying all odds. Is Saint Peter’s the best Cinderella of all time?
Meanwhile, the ACC is sitting pretty with three teams – Duke and now North Carolina and Miami (Fla.) – in the Elite Eight on the same day the Big Ten saw its last team go down.
A look at three key takeaways from Friday:
Saint Peter’s writes NCAA history
Coach Shaheen Holloway has this team playing inspired basketball, and now the Peacocks (22-11) are just one win from the Final Four. The best Cinderellas of the last two decades to reach Final Fours – George Mason in 2006, VCU in 2011, Loyola-Chicago (2018) all were double-digit seeded mid-majors. But none was as highly seeded as this Saint Peter’s team that’s now beaten No. 2 seed Kentucky, No. 7 Murray State and No. 3 Purdue.
WINNERS, LOSERS:Poised Saint Peter’s keeps the dream alive; bye-bye, Big Ten; hello, ACC
OPINION:Saint Peter’s embodies wackiness and uncertainty of this NCAA Tournament
ANALYSIS:Purdue’s loss leaves Big Ten shut out of Elite Eight. We could see this coming.
MORE:Legendary Arkansas coach Nolan Richardson: Coach K’s farewell tour ends Saturday
OPINION:Houston is leaving Phi Slama Jama in the 1980s for good
While other bracket-busting NCAA Tournament darlings of yesteryear have had flair (FGCU’s “Dunk City”) or a lovable fan (Loyola’s Sister Jean), this team from the MAAC is doing it with defense, namely with nine steals. In spite of being undersized against the Boilermakers, the Peacocks used aggressiveness and hustle to outduel their seemingly superior opponent behind 6-8 freshman Clarence Rubert and 6-7 junior Hassan Drame. Daryl Banks III (14 points) is the go-to scorer for Saint Peter’s, but Mr. Clutch has been guard Doug Edert (10 points) off the bench. One stat to note: a 19-for-21 clip from the free-throw line. What’s been most impressive is the Peacocks’ ability to stay hungry and poised under pressure, winning close games in all three NCAA Tournament matchups.

Blue-bloods show title potential
Duke and Villanova advanced on Thursday, and fellow blue-bloods Kansas and North Carolina will now join them in the Elite Eight. And yes, if both the Blue Devils and Tar Heels win Sunday, we could see them meet in the Final Four.
Ever since North Carolina embarrassed Duke in coach Mike Krzyzewski’s final home game at Cameron Indoor Stadium, the Heels have been red-hot – knocking out No. 1 Baylor in the previous game in overtime. That continued against a UCLA team that reached the Final Four last year and seemed destined to get back. Caleb Love was brilliant again, finishing with 30 points off six three-pointers. Armando Bacot’s tip-in with 22 seconds left sealed the win in another impressive outing for coach Hubert Davis’ resilient team.
The last remaining No. 1 in the NCAA Tournament, Kansas stayed alive, escaping Providence by five points. It’s coach Bill Self’s ninth trip to the Elite Eight with Kansas and 11th of his career, as the Jayhawks (31-6) are one win from the Final Four. They’ve now won eight in a row and are looking like a title contender after entering the NCAA Tourney having won the Big 12 tournament.
The secret weapon for Kansas has been guard Remy Martin. For the third consecutive tournament game, Kansas got a jolt off the bench from the fiery Martin (23 points), the Arizona State transfer who has erupted in these NCAAs after playing a reserve role throughout 2021-22.
ACC > Big Ten
Despite garnering nine NCAA Tournament bids on Selection Sunday – the most of any conference – the Big Ten is out following Purdue’s stunning exit vs. Saint Peter’s. The league tanked in the first two rounds, with No. 5 Iowa – the conference tourney champ – getting upset by Richmond in the first round. No. 3 Wisconsin, No. 4 Illinois, No. 7 Michigan State and No. 7 Ohio State all lost in the second round. And now, with Michigan’s loss to Villanova, the overall underachievement is on full display. That’s a 9-9 finish in the tournament.
No Big Ten team has cut down the nets since 2000 (the Spartans), and it’s a depressing outlook for the league that posted the second-best NET score in 2021-22 and showcased several teams with Final Four potential.
The ACC, which finished with the sixth-worst NET score as a league, has Duke, North Carolina and Miami all in the Elite Eight. That’s after the Tar Heels, Hurricanes and Notre Dame were all bubble teams in early March. The NCAA Tournament is about matchups and pathways. No matter how well the Big Ten did in the regular season, much like the Pac-12’s surprising finish last year, the ACC is well-positioned with three teams still alive and two of them title contenders.
Follow college basketball reporter Scott Gleeson on Twitter @ScottMGleeson.
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