Is that anything like double secret probation?
Stephen Bainbridge has a laugher from Arlen "Scottish law" Specter, who apparently wants to speculate that not only is precedent inviolate (Plessy, here we come, baby), but that there's something even better: SUPERPRECEDENT.
Twice as strong, lasts twice as long.
posted by ColumbusGuy @ 6:00 PM
2 Comments:
I actually heard the interview with Cass Sunstein on Fresh Air. The most interesting part to me is he seemed ambivalent about Roe. Since 90% of this judicial debate is actually about whether to Roe or not to Roe, and principles take the hindmost, that's saying a lot. Of course, he sort of ruined it when he seemed most unhappy with the case since he thought the judges could have been "minimalist" by striking down the law as being overbroad (no exceptions for rape or incest) and based their reasoning in women's rights rather than privacy--sounds like out of the fire and into the frying pan to me.
I missed it, except for the first few sentences, but NPR, happily, uses our taxpayer dollars to maintain a public database of past shows. Unlike LAGuy, I'm most concerned that the courts, indeed, say "drop dead" to the people, particularly the people in government. Federalism is a key element to that, and the Constitution in Washington (read fundamentalistly) is a key element to that (as opposed to, say, the one at Turtle Bay or any other place). Cass, as best as I can see, has no concern for any of that, and has a disturbing habit of matching his profound legal views to short term or long term Democrat party views. How might he say it? "It is impossible to ignore the fact that there is great overlap between [his] constitutional vision and the politics of the extreme [left] wing of the [Democrat] Party."
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