On the Court Battles ...

by Cliopatria

There are two recent essential readings on the controversies over the judiciary:
Cass R. Sunstein,"Latest Assault on Judges Threatens Rule of Law," LA Times, 15 April; and
Jeffrey Rosen,"The Unregulated Offensive," New York Times Magazine, 17 April. Discussion about Rosen's article is particularly lively at The Volokh Conspiracy.

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John H. Lederer - 4/17/2005

Prof. Sunstein's column amounts to:

1. Interpretations supported by conservatives are not supported by law.

2. Despite this, conservatives support these, and support judges who support them.

3. Therefore conservatives are attacking the rule of law.

The problem, of course is in the first thesis. Indeed on some of the issues Sunstein cites, e.g. affirmative action and gun control, the conservative position is at least that stated by the plain Consitutional text, and one has to go through fairly totured reasoning, or assert that other principles override the consitutional commandment to find otherwise.

Change the first assumption and Prof. Sunstein would be equally guilty of attacking the ule of law.

All in all, not very illuminating.