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Bench Memos

NRO’s home for judicial news and analysis.

Kennedy’s Round 3



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More Kennedy confusion about what the unitary-executive theory means.

And now more Vanguard! I guess that Kennedy will soon demand that Ruth Bader Ginsburg resign from the Court because of taking part in cases in which she was actually required to recuse. And I’m sure he’ll re-examine the far more serious allegations against Justice Breyer that he treated dismissively at the time of Breyer’s nomination.

Kennedy: Steven Calabresi is one of the originators of the bizarre, radical theory of the unitary executive. Yes, along with Alexander Hamilton and Article II of the Constitution.

More fulminating on CAP.

Kennedy wraps up with a summary of his case against Alito. Ridiculously weak and distorted. This is what the Left has degenerated into.



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