The Role of the Federal Judge in the Constitutional Structure: An Originalist Perspective
O'Scannlain, Diarmuid F.
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- 2020Sahara Health Care, Inc. v. Alex Azar, II, Secreta 5th Cir.
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Abstract
Join me now in examining some of the structural features of our Constitution. And let’s do so by focusing upon cases that have come before my court—the United States Court of Appeals for the Ninth Circuit, the second highest federal court in the land, inferior only to the Supreme Court of the United States. My goal is to present, in modest outline, an originalist perspective on the federal judge’s role, particularly my role as a circuit judge, in the constitutional order.