Given the jurisprudential leanings of the Washington Post editorial page, it’s not surprising that this editorial (to be published in Saturday’s paper) addressing Judge Alito’s dissents is rather critical of his practice of judicial restraint. But in light of all the hyperbolic attacks on Judge Alito, it is refreshing to read a critique that is measured, thoughtful, and responsible.
A couple excerpts:
“In legal terms, his work is careful and measured, and while we disagree with his analysis in some cases, in others it seems admirable.”
“Judge Alito’s dissents offer much with which we disagree. But they are the work of a serious and scholarly judge whose arguments deserve respect — a respect evident among his colleagues even when their positions differ.”