>
>Well, I agree that Tigar ought to be on the S.Ct. It's not true, alas,
>that all we have are mediocrities. Justices Scalia and Rehnquist,
>Judges Posner and Kosinski, and their ilk, are very
>able. Unfortunately . . . . jks
>
>------------
>
>You know this gets back to an old argument. How can you be brilliant,
>if you wrote or concurred on Bush v. Gore?
Even the smartest people make dumb calls. Judge Posner wrote a book about Bush v. Gore, offering the best possible defense of it, you could read it. ANd you don't have to take my word that he's smarter than both of us put together. Everyone of every political persuasion agrees. Hell, if you thought you had an interesting take on the case, he'd talk to you about it for as long as you could keep his attention. Justice Scalia's brilliant too. A total creep, but brilliant.
I can't wait to read their
>wisdom on the patriot act---but it seems extremely unlikely to shine.
Scared people make made policy. Justice Frankfurter was smart, but he voted to uphold the Smith Act convictions in Dennis.
>
>I mean there is something mentally deficient, collectively speaking
>with a government that impeaches one president over a blow job and
>installs the next against the majority vote of the people. Now, there
>maybe some very able people in such a government, but they must be
>pretty thinly spread.
This is a caricature. The blow job was just an excuse, as you know. Clinton was widely and deeply hated among many sectors of the population for many reasons. As for the majority vote thing, the Constitution is expressly designed to allow allow for the installationb of a President on a minority vote. The shame of Bush v. Gore is the disgraceful and dishonest legal reasoning behind the decision, not the outcome per se.
>
>On the Brennan rejection. I don't know the details. I haven't read any
>of Tigar's books, but it must show up in one of them somewhere.
I doubt it. I've read it elsewhere. Tigar and Levy's Law and the Rise of Capitalism, out last year in a new edition, is a fine historical survey. Not a personal word in it.
jks
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