If the efforts of Alito’s critics to tie him to current disputes over the scope of the president’s power to combat foreign terrorism seem desperate and hamhanded, just remember that these are the same folks who thought that Hurricane Katrina showed that John Roberts’s nomination should be defeated. But I suppose that if you’re a hard-core lefty who derides linear, logical thinking as patriarchal, then perhaps argument by free association is what you’re left with.
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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