Bench Memos

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Dellinger vs. ABA Signing-Statements Task Force


In this op-ed in today’s New York Times, Walter Dellinger cogently explains how the ABA task force’s report “misdiagnoses the problem,” “erroneously interprets the Constitution as forbidding the president … to declare, while signing a bill into law, that the bill has an unconstitutional provision that he will not enforce,” and “studiously avoids addressing the real problem”—which in Dellinger’s view is that “some of this president’s constitutional views are fundamentally wrong.”  Whether or not one agrees with this last point (a subject beyond the scope of this post), that is where the debate should be focused—and the ABA task force’s report is an irresponsible and foolish diversion that serious critics of the Administration should especially decry.


The Wall Street Journal also has a fine editorial on the matter.  (It also publishes ABA president Greco’s letter on the Wallace nomination, which I critiqued here.)


Tags: Whelan


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