Monday, October 31, 2005

Casey Dissent

Alito's dissent in Casey has already been the target of much shameless demagoguery (is there any other kind :-)), and I'm sure Teddy's speechwriters are pulling an all-nighter in an attempt to replicate his (in)famous "In Robert Bork's America" speech. NRO's Bench Memos has a great post that sheds light on the dissent, the statute and the rule Alito was applying -- well worth reading.