Monday, October 31, 2005
I should make clear that I think the Court's 11th Amendment immunity jurisprudence is poor constitutional interpretation and does mostly reflect the general policy preferences of the conservatives (to figure out "some way to protect the states"). And maybe Alito, as a general conservative, will take the 11th Amendment jurisprudence and run with it as a justice. I just don't think that the FMLA case is a great piece of evidence. And because it lends itself to good sound bites, it will be used a lot against him, more than I think is warranted.