Bench Memos

Re: “the stakes in the election …”

Gee, golly, you just can’t sneak anything past the astute attention of Jeffrey Toobin.  That’s a very cute line, too, about McCain’s “dog whistle for the right.”  Yes, anyone who doesn’t share Toobin’s liberal judicial activism is part of a pack of baying hounds.  (I may have more on Toobin’s wild distortions, which are evidently designed to spare New Yorker readers the burden of thinking for themselves about the elementary matter of the proper role of the courts.)

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