Monday, December 20, 2004

What Scalia and Thomas Really Say

Prof. Balkin (Law, Yale) tries to "get the criticisms right" on the fairly common (I believe) tendency by those who are troubled by the two justices's jurisprudence (in this case the Center for American Progress) "to confuse whether Scalia or Thomas think a policy is constitutional with whether they support the policy itself. And this is a very bad mistake to make, because it lends credence to the notion that liberals too often confuse what is just with what the Constitution requires." Agreed, or else we were not much different from those simple-minded folks on the right who can perceive ideas only in terms of either black or white. Fxs

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