Tuesday, March 27, 2012
If you are a liberal . . .
you should probably be a little disappointed in the Democratic appointees on the Court. One of the most striking things to me about the argument is how unstrategic many of the questions were from the liberals. Justice Kagan aside--who, as always, was quite astute in her questioning--many of the questions from the Democratic appointees were not in any way designed to probe matters or elicit answers that might bring around their more conservative colleagues. Instead, far too much time was spent on Justice Breyer's musings, or the possibility that the breadth of Congress's enumerated powers is merely a political question, to be resolved by the elected branches. It was, quite frankly, an uninspired performance.
Posted by Bradley Joondeph at 12:50 PM