Saturday, January 14, 2006

They're Onto Us...

This Slate writer makes a few good points. But I don't think that 1) Senate Democrats will listen, or 2) she gives them any useful political or jurisprudential advice.

Once you've conceded that members of the Fed Soc are not bigots or even closet bigots, then one must find another politically sexy vehicle of attack. What? No clue. Abortion is not really a clear winner (less and less so...) and most liberal jurisprudential positions are unpopular political losers: expansive view of Court powers; facile redefinition of constitutional terms (for instance using foreign law); social engineering from the bench.

And intellectual opposition to originalism and judicial restraint is increasingly scarce: how will Democrats put into action her suggestion to address the implications of federalist jurisprudence?

Suggestion: give up and, with wise heads such as Akhil Amar, join the debate.

4 comments:

Cabe said...

A Senator whose name rhymes with Osama was on Fox News today. He said that Judge Alito ruled with big corporations most of the time....when asked a follow up..."were those decisions incorrect, sir?" He practically wet his pants.

D said...

Charles wrote:
"Once you've conceded that members of the Fed Soc are not bigots or even closet bigots, then one must find another politically sexy vehicle of attack."

Charles -- A rebel-flag-toting self-proclaimed Federalist who attacks Senator Obama doesn't exactly help your cause.

-Dave Lane

Charles Iragui said...

Dave,

I couldn't agree more!

My point wasn't in any case that all Fed Soc members are enlightened (every group has bad apples) but simply that Lithwick was conceding that being a member of Fed Soc is not a SIGN of bigotry.

Cabe,

Thanks for the free guilt by association.

Obama has impressed me on Iraq (see: javascript:playClip('rtsp://cspanrm.fplive.net/cspan/project/iraq/iraq101905_rice.rm') )and to my recollection is not even on the Judiciary Committee.

Charles

D said...

Charles,

Your point is well taken. Cabe's response to your post provided me with too good an opportunity -- I couldn't resist pointing out the obvious.

-Dave Lane