Bench Memos

NRO’s home for judicial news and analysis.

Constitution in Exile


With NARAL’s self-immolation last week moving off the front pages, the Left is retooling its Roberts opposition strategy. From the NY Times:

Democrats and the liberal advocacy groups who support them say the party must frame the debate more broadly, in terms of legal precedents affecting the environment, workers’ rights and civil rights that could be overturned if the court tilts in a more conservative direction. “That’s what needs to be articulated,” said Ralph Neas, president of the advocacy group People for the American Way. “That’s what’s at stake, and no one is doing that effectively.”
When liberals focus on environmental and workers’ rights, they are usually referring to a mostly fictitious “movement” among conservatives the Left calls the “Constitution in Exile.” This is another scare tactic and should be challenged whenever presented.

For a debunking of the Constitution in Exile, see Michael Greve’s article, “Liberals in Exile.”

For a more substantive analysis, see the Federalist Society’s paper, “Can Bush Supreme Court Appointments Lead to a Rollback of the New Deal?”


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