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Perspective Shift

You read this story from where you sit.
Want to read it from somewhere else?

We'll re-present the same story as a thoughtful proponent of the judicial-modesty frame would. Not to convince you. To let you actually meet the argument.

Choose a vantage
Retold from the other vantage
Steelman · slot C
The judge-not-philosopher-king case
A sitting jurist in the originalist tradition would argue —
A judge's station is important but modest. I don't make war, I don't write statutes, and I certainly don't amend the Constitution — the people do that. My job is to apply the law as a reasonable person would have understood it when it was enacted, so that the rich and poor who walk into court get the same answer. The colonists rebelled in part because they lacked independent judges; they wanted life-tenured judges insulated from popularity contests precisely so unpopular litigants with winning legal arguments could prevail. Nine justices appointed by five presidents over thirty years reach unanimity on roughly 40 percent of the hardest cases in the country — the same rate as in 1945. That is the institution functioning, not failing.

If this read like a fair rendering of the argument — even when you disagree — it's doing its job. Steelmen aren't aimed at persuading you; they're aimed at what the other side actually believes when they're thinking clearly.