THE GOODRIDGE BACKLASH? In response to my point that Mickey Kaus's nominal support for gay marriage was empty because he never finds any means of achieving it acceptable (the only meaningful difference between people who are flat-out reactionaries and people who support social change unless it might cause social conflict or affect entrenched interests is that the former are at least honest), a commenter at my other site asks: "There wasn't a massive backlash after the San Francisco and Massachusetts decisions?
THE INEVITABILITY OF ANACHRONISM. I wholly endorse Ezra's argument here, and also strongly recommend Sandy Levinson's book (although, as is often the case, his diagnosis is more convincing than his remedies.) Obviously, to defend an institutional feature as irrational and undemocratic as the electoral college (even though it produced a constitutional crisis in the third presidential election
PROFOUND LEGAL COMMITMENTS THAT HAPPEN TO MIRROR THE GOP PLATFORM. I'm working on a piece about Jan Crawford Greenburg's new book, so I was interested in this take by John O. McGinnis. I agree that it's a good book, although obviously to me her credulous acceptance of self-serving arguments made by conservatives is more a bug than a feature.
JUDICIAL CONSERVATISM AND LEGAL INDETERMINACY. I'm a little puzzled by thisSasha Volokh post, in which he cites an article by Mike Seidman pointing out that the indeterminate nature of legal materials has produced conservative results as the federal courts have become dominated by Republican appointments and then uses it as a "gotcha" against CLS scholars, warning them that "progressives who, in the name of indeterminacy, try to undermine rule-of-law norms, will find this biting them back in the end." If Volokh thinks that this would be remotely surprising to the crits, however, he doesn't understand their
THE CENTRAL PROBLEM OF PURGEGATE. As the story expands, it's worth returning to this post by Josh Marshall, which in addressing the inevitable tu quoque rejoinders lays out the central problem with this particular series of firings. Presidents are, of course, entitled to set law enforcement priorities, and Bush may fire U.S. Attorneys for reasons that I would consider substantively wrong but not illegitimate, such as failing to enforce immigration laws effectively enough or refusing to seek the death penalty in all circumstances. (If you disagree, would you also believe that it's illegitimate for a Democratic President to fire a U.S.