Bench Memos

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Still More on the ABA’s Signing-Statements Folly


Laurence Tribe (my constitutional-law professor at Harvard, as it happens) explains in this very long post his “own strong disagreement” with the ABA task force’s report.  As he puts it, “the ABA panel has missed the boat.”  Although there’s much in the post about the substance of President Bush’s signing statements (and constitutional views generally) that strikes me as over-the-top, I believe that everything that Tribe says about the folly of the ABA task force’s report is fully consistent with what I have written.


To his credit, Tribe acknowledges that he was tempted to remain silent because of his friendships with various task force members.  That presumably explains much of the silence from other liberal academics.  (In the opening line of a follow-on post, Sandy Levinson expresses his agreement with Tribe.)


The more revealing question, which I pose again, is:  Is there any academic, not on the ABA task force, who agrees with its analysis?  So far as I can tell, the answer is no.


Tags: Whelan


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