Wednesday, February 3, 2010
"... an appropriate (and Perry-esque) conception of the judicial role, and the best understanding of the Constitution seem to me to be in happy alignment." That seeming makes sense if, but only if, the competing First Amendment position--the position of the four dissenting justices (Stevens, Ginsburg, Breyer, and Sotomayor) and Professor Fish--not to mention the Congress of the United States--is not merely a position Rick rejects but a position Rick concludes is unreasonable in the Thayerian sense: a position no rational, well informed lawmaker of good faith could hold. Rick concludes his post with "Nice when that happens!" Yes indeed, nice when that happens.