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Where is that quote from? In his dissent in Southern Pacific Co. v. Jensen, Holmes said "I recognize without hesitation that judges do and must legislate, but t
by andrewla 6y ago
Where is that quote from? In his dissent in Southern Pacific Co. v. Jensen, Holmes said "I recognize without hesitation that judges do and must legislate, but they can do so only interstitially; they are confined from molar to molecular motions." Assuming a plain reading of his analogy through chemistry, he's saying that they can "legislate" when the law leaves a situation undefined and they must reason through analogy.