--- Justin Schwartz <jkschw at hotmail.com> wrote:
>
>
>
> >
> >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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