December 28, 2005

"Liberty rights."

I was quoted in Tuesday's Boston Globe:

    “There are many very important and serious legal scholars who take issue with [liberty rights] because it very quickly becomes what the judge thinks the law should cover,” said Sean Rushton, of the conservative Committee for Justice.
Andrew at follows up:

    Hmm, I wonder what those words were that got replaced by brackets. Maybe they included the words “due process”? For the record, the Fifth and Fourteenth Amendments both say that no person “shall be deprived of life, liberty, or property without due process of law.”
Andrew is correct: my quote was specifically about substantive due process, an amorphous concept with a history of abuse. I believe the Globe felt the term was sufficiently technical to require translation, though "liberty rights" certainly leaves a much more positive impression than the original term.

I almost feel guilty opposing them.

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