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Bench Memos

NRO’s home for judicial news and analysis.

That Kennedy Op-Ed



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You gotta smile at the sheer nerve with which Ted Kennedy (or his staff ghostwriter) makes a bad argument. Out of the mainstream! Fundamental rights! Commitment to core constitutional values!

The tone is set right from the start, with this bloated bit of question-begging: Kennedy wants to “determine whether [Roberts] will uphold the fundamental principles of our Constitution and laws to continue our nation’s march of progress or whether he will adopt a cramped and contorted view of our Constitution that will turn back the clock.”

Hmm. March of progress, or turn back the clock. Okay, one of these has a good four-beat rhythm for chanting, so let’s hear it–

TURN BACK THE CLOCK! TURN BACK THE CLOCK!

Repeat until Senator Kennedy runs from the room.



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