Bench Memos

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Re: Laughable Yalies


Because the report generated by the “Alito Project” at Yale Law School failed my minimal spot check for competence, I haven’t taken the time to give it a more thorough review (and probably won’t). But in the course of reading Stanley Kurtz’s important cover article (subscription required) in the current issue of the Weekly Standard, I happened to come across several paragraphs discussing the work of Yale law professor Kenji Yoshino, one of the 22 participants in the Alito Project. Insofar as there is debate on the muddled question whether it is Alito or his critics who are “out of the mainstream,” Stanley’s discussion may shed some light.

Stanley’s article, “Here Come the Brides,” shows how developments in the Netherlands—especially the radical redefinition of marriage that inheres in legalization of same-sex marriage—are paving the way for legal recognition of polyamorous (multipartner) marriage. In this context, he explores the legal groundwork being laid by Yoshino, a scholar of, I kid you not, bisexuality (and author of a law-review article entitled “The Epistemic Contract of Bisexual Erasure”).

Somehow I doubt that the American people would consider an expertise in bisexuality an impressive qualification for assessing Judge Alito’s record.


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