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Bench Memos

NRO’s home for judicial news and analysis.

Watch Out, Toads



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Next week I will be exploring the habitat of the arroyo toad, the “hapless” creature that, in Judge Roberts’s words, “for reasons of its own, lives its entire life in California.” I promise not to take any steps to render moot the controversy over the question whether the Endangered Species Act can constitutionally apply to these toads, but I can’t guarantee inaction by my kids if any toads cross our path.

I expect to do little or no posting next week, so I will miss the opportunity to comment on the oh-so-predictable lamentations of left-wing groups that they have discovered to their shock and dismay that Judge Roberts will not entrench their radical agendas in the guise of construing the Constitution, and that they are therefore duty-bound (and fundraiser-bound) to oppose his confirmation. It will be interesting to see how many Senate Democrats jump when Ralph Neas and Nan Aron give the command.



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