Bench Memos

NRO’s home for judicial news and analysis.

Clearing it Up


From the AEI website (linked in Jonathan’s post) – “Professor Cass Sunstein argues in his new book, Radicals in Robes: Why Extreme Right-Wing Courts Are Wrong for America, that the best approach is a form of cautious incrementalism. He suggests that judges build on their precedents, but show a reluctance to strike down the decisions of the elected branches.“

Well, that clears it up for me. And lest anyone forget, there’s “The Constitution 2020.” Hopefully George Will will be armed with this information (I have no expectation Jeffrey Rosen will).


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