Bench Memos

Re: Durbin Opening Statement

Demagogue alert! With respect to two cases, Durbin told Alito that “you were the only judge on your court to rule” the way Alito did. Both cases were panel opinions. In other words, only three judges (Alito and two others) ruled on the cases.

One could, I suppose, say with respect to any panel dissent that the dissenter was the only judge on his court to take the position he did. But all that establishes is the unremarkable proposition that a demagogue can mislead with statements that are technically accurate.

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