Bench Memos

Lithwick’s Light Touch

In her latest Slate column , “Pack Rats,” Dahlia Lithwick writes that conservatives upset about the slowed pace of judicial nominations are desperate “to cram a huge boatload of nut jobs into the courts before the doors to the White House and Congress slam shut.” Lithwick then goes from ridiculous hyperbole to simple ridiculousness when she writes that conservatives want “fire-breathing Roy Moore types.” Funny, but the most vocal conserative voices on these issues condemned former Justice Moore for his lawlessness and contempt for the legal system. Alas, this isn’t the first time Lithwick has strained to link Moore to the conservative push for more judges (see, e.g., here ). Maybe if we can get more “nut jobs,” like Michael McConnell, William Pryor, and Priscilla Owen nominated and confirmed, it will be her last.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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