Challenge Accepted

A few days ago ColumbusGuy threw down the gauntlet. After posting about Cass Sunstein and getting some comments, he wrote:

Okay, DG, and any other Guy who cares to, here's the simple challenge:

Can you give me any instance, in print, since 1996, in which Cass has taken a position that supports Bush or a conservative at the expense of a Democrat, or condemns with consequence a Democrat in a way that supports either a conservative position or W Bush?

I've got a dollar that says there is no such instance in all that time. It ought to be easy enough to do. Just a single instance would serve to negate the proposition.

Fair enough. Here's my response.

Sunstein defended the reasonableness of the Bush administration suspending the Clinton administration's rules on arsenic in drinking water, even though the Bush move was highly unpopular. Sunstein wrote about cost benefit analysis of such issues and was attacked on the left for his views.

Here's the law review article.

I hope that settles it, but if you want more, how about his controversial stances on Bush's security regime?  For example, he wrote "under existing law, President George W. Bush has the legal authority to use military commissions." He also supported the legality of the NSA's warrantless eavesdropping.

He was attacked on the left for this stuff as well.