Judicial Value Judgments and the Common Good
Introduction “Common good constitutionalism” is chiefly a criticism of what might be helpfully described as “mainstream” legal conservatism—the prescription for constitutional adjudication exemplified in the opinions of Antonin Scalia and those (in and out of the judiciary) who follow his lead. The “common-good” constitutionalists’ critique centers on the stated commitment of contemporary judicial conservatism to originalism; …








