Gerry Canavan

the smartest kid on earth

A Certain Humility

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My personal appreciation that I owe a great debt to others reinforces my view that a certain humility should characterize the judicial role.

Judges and justices are servants of the law, not the other way around. Judges are like umpires. Umpires don’t make the rules; they apply them.

The role of an umpire and a judge is critical. They make sure everybody plays by the rules.

But it is a limited role. Nobody ever went to a ball game to see the umpire.

Judges have to have the humility to recognize that they operate within a system of precedent, shaped by other judges equally striving to live up to the judicial oath.

The Supreme Court will likely overturn Chicago’s handgun ban. Don’t miss Jeffrey Rosen’s piece on the radicalism of the Roberts majority at TNR.

Written by gerrycanavan

March 3, 2010 at 11:00 am

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