Bench Memos

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Sunstein on the Mysterious Third Circuit


A reader points out to me that Cass Sunstein today calls the Third Circuit a “relatively liberal court” in this op-ed in the Washington Post (an op-ed that is slightly less interesting and insightful than a Westlaw case digest), but yesterday labeled the Third Circuit “already very conservative” in this Newsweek interview. Evidently being a minimalist is very confusing. But I suppose that Sunstein, who has illusions about all the supposed conservative victories that have been racked up in recent years, might maintain that even a “relatively liberal court” can be “very conservative.”


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