Bench Memos

NRO’s home for judicial news and analysis.

Kennedy’s Questions


I’ve been scrambling today (including the thankless task of trying to educate NPR listeners on elementary principles of American government), but from all that I’ve seen Alito is doing a super job.

Alito easily handled Kennedy’s questions on such matters as Doe v. Groody (immunity for search of a 10-year-old) and Alito’s DOJ memo on presidential signing statements. Now Kennedy has just offered a gross misunderstanding of what the “unitary executive” theory is, trying to link it to the distinct issue of the scope of the executive power (and to issues like NSA surveillance). And Alito has just very clearly explained Kennedy’s confusion.


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