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Bench Memos

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Quibbling Over My Own Quote



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This Washington Post story on how Judge Alito might approach Roe closes with this quote from me: “someone who’s shown the high-quality judging Alito has and is not ideologically driven to the left will of course recognize that Roe is an abomination that has distorted American politics for 30 years.” The quote is entirely accurate, but I did not speak as precisely as I should have. In particular, I should have said something like “should clearly recognize” instead of “will of course recognize.” Making predictions with seeming certainty on this or any other contested issue as to any Supreme Court nominee is presumptuous and unwarranted.



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