THE COUNTERMOBILIZATION MYTH -- CANADIAN EDITION. Gay rights litigation has been very successful in our neighbor to the north, with major victories at both the federal and provincial levels (including with respect to marriage benefits. According to oft-cited conventional wisdom, this success should have been a disaster for the gay rights movement, mobilizing a huge backlash and setting the cause back for generations as citizens were incensed by decision by "activist" courts. The problem is that this is not, in fact, true.
NO CREDIBILITY. As the Iraq War continues to get more and more hopeless, we're sure to start hearing more of the tautological trump card inevitably played by the dead-enders of ill-conceived wars: we need to maintain a ruinous war in order to preserve American "credibility." As Daniel Davies pointed out in comments about Michael Novak's particularly insane version of this argument, this would seem to be the �if something is not worth doing, it has to be done at ruinous cost� theory of deterrence.
SELECTIVE ORIGINALISM.Amy Stuart Wellsdiscusses the school integration cases that will be argued before the Supreme Court today. In addition to their intrinsic interest, cases involving racial classifications that are used to facilitate integration rather than segregation are intriguing because they provide evidence (beyond the obvious) of the incoherence of modern conservative judicial theories.