In criticizing the “originalist” jurisprudence of judges like U.S. Supreme Court Justice Antonin Scalia, New York State Attorney General Eliot Spitzer told a Law Day audience on Monday he believes in an “evolving Constitution” that bends and flexes to meet modern needs and mores.

Spitzer, a Democrat who if successful in his run for governor would appoint at least three Court of Appeals judges in his first year, used his Law Day platform to articulate a jurisprudential view that is sharply at odds with that of conservatives and Republicans, including incumbent Governor George E. Pataki. Pataki has appointed four of the seven judges on New York’s highest court. Pataki is not seeking re-election and Spitzer is the clear front-runner to succeed him, according to polls.

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