Joan Larsen Quotes
We have differing views on law, politics and religion. But I have yet to meet a Scalia clerk who was not grateful to the man who taught us, shaped us, and launched us into our lives in the law. Justice Scalia's passing leaves a giant void in the court and in the intellectual discourse over the law.
This quotation is particularly important because it summarizes one of two opposite schools or thought regarding judicial interpretation of the Constitution that politicians have been arguing about since the Supreme Court first sat. The other is Original Intent where only the original intentions of the writers and ratifiers of the Constitution should be considered—assuming that it can be determined.
Two openings appeared on the Supreme Court for Nixon to fill. He heard from many people on recommendations, but he wanted to fill the posts with “strict constructionists.” Rehnquist had written giving him a political operational definition of a strict constructionist. This memo was never released to the public by the White House on the grounds that it was protected by Executive Privilege. However, the definition given had virtually nothing to do with the concept of strict construction but is a definition of a ideological conservative constructing his own meaning to the Constitution. The source for the text came from John Dean, the Counsel to the President, who found this memo in his White House file and revealed it at a question and answer session at the Commonwealth Club of San Francisco, October 10, 2001.
Joan Louise Larsen is an American attorney and jurist serving as a United States Circuit Judge of the United States Court of Appeals for the Sixth Circuit. She previously was an Associate Justice of the Michigan Supreme Court from 2015 to 2017.
