Why do Justices change their mind on the death penalty after decades on the Court? Some speculation: http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/07/01/why-the-late-career-conversions-at-the-supreme-court-on-the-death-penalty/ …
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@benwizner Why would you think it is? -
@OrinKerr@benwizner Because of the absurdity of the argument, I'd bet.
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@benwizner I just added an update to clarify one point: I'm not arguing it's an conscious decision. -
@OrinKerr Helpful. But I don't think it much diminishes your trivialization of profoundly moral decisions. -
@benwizner I'm trying to describe a phenomenon that most people never see, not comment on profoundly moral decisions. Or legal ones. -
@OrinKerr It's not as if they haven't told us why they changed their minds, leaving us to make odd guesses. -
@benwizner You may believe that content of legal opinions is always the 100% accurate explanation of what motivates judges. I don't. -
@OrinKerr I don't. But I also don't think all made-up explanations are created equal. -
@benwizner Perhaps explanations that you agree with are the true ones? :)
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@benwizner@OrinKerr We're all human, in a legal-realist sense.pic.twitter.com/h1IQMmgSOB
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@PatrickCToomey That's awesome. Well played.@benwizner
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