Except, Gerry, that Obama doesn’t mean his supposed concession about the law’s determinacy and he’s using it to deceive the public into thinking that liberal judicial activism only rarely affects case outcomes. We’re not in a formal legal proceeding where we can use his statement against him. We’re in an election where he’s trying to use it against us. So I’ll defer any celebrating.
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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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