Want another laugh? Read Cass Sunstein’s op-ed in today’s Washington Post.
The professor is a moving target. He argues for precedent when he agrees with the Court’s results, he argues for a living and breathing Constitution when he believes the Court is mired in the Constitution’s text, he argues for judicial restraint when the Court strikes down congressional laws he likes, and he repeatedly mischaracterizes originalist jurisprudence. I guess this explains why he’s the Senate Democrats’ favorite legal thinker. (He also used the title of one of the chapters of my book for the title of his book. But, then again, my publisher insisted on a title for my book that was used in a movie about aliens.)