‘Constitution-in-Exile’ Judge Takes Semi-Retirement | Judge Douglas Ginsburg, the radical libertarian judge who infamously labeled his tenther understanding of the Constitution the “Constitution-in-exile,” announced this week that he will take senior status and accept a reduced caseload starting in mid-October. Ginsburg is simultaneously a man ahead of and far behind his times. He pined for a return to an era when child labor laws were unconstitutional nearly 15 years before Texas Gov. Rick Perry (R) and Sen. Mike Lee (R-UT) pushed this view into the center of conservative thought, but his agenda ultimately involves eliminating most of the progress of the 20th century. Ginsburg’s announcement opens up a new vacancy on the powerful D.C. Circuit.