Bench Memos

NRO’s home for judicial news and analysis.

Durbin Opening Statement


Virtually every sentence in Durbin’s statement contains what might charitably be called a serious misstatement. He doesn’t understand the “unitary executive”. He doesn’t understand that the plaintiff in Griswold had to work hard to get himself fined. He doesn’t understand that judicial expansion of “freedom” necessarily limits American citizens’ ability to define what genuine freedoms are. Now he’s linking Alito to the mine tragedy in West Virginia. It would take 25 pages to respond to all his distortions.

His insincere assertions of sincerity are stomach-churning.


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