Thursday, May 08, 2008

NOW HE TELLS US. At the Volokh page, David Bernstein says that the top conservative legal minds didn't really "rush" to defend the Supreme Court decision in Bush v. Gore -- one even spoke against it, with disastrous consequences for himself:
If conservative law professors were rushing to endorse Bush v. Gore, surely the Wall Street Journal's op-ed page would have found room to publish their views. A check of the Journal's archives showed that no such endorsement appeared. The Journal did, however, publish a critique of the opinion by then-Professor Michael McConnell, a piece that is said to have cost McConnell the solicitor general's job, and perhaps a supreme court appointment.
Bernstein then acknowledges rightwing law profs who did support the decision, but took a while to produce their "careful, scholarly works." Under the circumstances, I hardly wonder they were careful.

It's bizarre that the issue is even coming up. I guess it's plausible-deniability time on the right. By the time Bush is in the dock at Den Haag*, not even Clarence Thomas will admit to endorsing the result. And soon enough we'll be hearing from Republicans who will claim they were for McCain way back in 2000, but decided to be careful and scholarly about letting it get around.

*UPDATE. Thanx to Thlayli for the spel chek.

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