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September 9, 2016

U.S. judicial nominees for Texas tell Senate they ‘frown’ upon use of ALI restatements

In a September 7 hearing of the Senate Judiciary Committee over five of President Obama’s nominees for U.S. district judgeships in Texas, Senator Charles Grassley questioned the nominees on statements written by the American Law Institute. 

Specifically, Grassley asked if the nominees shared the late Justice Antonin Scalia’s view that restatements “are of questionable value, and must be used with caution … Over time, the Restatements’ authors have abandoned the mission of describing the law, and have chosen instead to set forth their aspirations for what the law ought to be.”

“Apart from the incorporation into existing precedents, do you agree with Justice Scalia’s view of the restatements accuracy and usefulness?” asked Grassley.

Each of the nominees told Senator Grassley that they do not and would not rely on restatements, reports the Southeast Texas Record.

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