Bench Memos

NRO’s home for judicial news and analysis.

WSJ on Alito


Today’s Weekend Edition of the Wall Street Journal has an excellent lead editorial on Alito and stare decisis as well as an outstanding (subscriber-only) op-ed by Jonathan Adler explaining and decrying the “downward spiral of judicial politicization”. An excerpt from Jonathan’s piece:

“Ironically, the same senators who worry that Judge Alito shows insufficient respect for the political branches are aghast that he might leave some thorny issues for the elected branches to sort out. In Thursday morning’s questioning, Sen. Russ Feingold could scarcely believe that some aspects of constitutional separation of powers cannot be resolved by the courts.”


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