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Bench Memos

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Alito and the Gang of 14



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I still have not heard any explanation for why Senator McCain thought Justice Alito “wore his conservatism on his sleeve.”

I guess we are just supposed to be thankful that McCain doesn’t consider the wearing of conservatism on one’s sleeve to be an “extraordinary circumstance.”

Matthew is certainly right about the Calabresi-McGinnis claim. It is fairly ridiculous to say McCain “played an important role in ensuring that Samuel Alito faced no Senate filibuster”: McCain actually increased the chance that Alito would face a filibuster, and it is ironic (to put it mildly) to say that because Alito was ultimately not filibustered that McCain should get any credit for it.



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