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Bench Memos

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Re: Counting to Five



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But, Mark, what you discuss is not what I’m disputing. Novak says that “Luttig, Jones or Owen going on the court [in place of Rehnquist] would cement a conservative majority.” That’s flatly wrong.

Of course Novak can count to five. But he hasn’t done so here. And his failure to do so is, I think, emblematic of a certain irrational exuberance in some quarters on the right.



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