Bench Memos

Scott Lemieux: Murphy’s Scalia Bio a “Major Disappointment”

Still catching up on things from two weeks ago, I’d like to highlight this post from Scott Lemieux on Bruce Allen Murphy’s biography of Justice Scalia (which I have reviewed, very unfavorably, in this National Review piece and in a series of blog posts accessible here).

Lemieux, for what it’s worth, is situated well on the left side of the ideological spectrum. His assessment of Murphy’s book is very much the assessment that I would think any intelligent and well-informed liberal would have.

Responding to a reader, Lemieux first addresses my critique of Murphy’s stunningly incompetent account of Scalia’s dissent in Hamdi v. Rumsfeld. Lemieux fully embraces my critique: Murphy’s “dumbfounding passage” is “every bit as bad as he [Whelan] says” and is “the kind of mistake that forfeits a reader’s trust”:

We all make mistakes, but this is like saying that Dred Scott found all state slave codes to violate the 5th Amendment or that Lawrence v. Texas reaffirmed Bowers v. Hardwick. It’s mystifying.

More generally, Lemieux calls Murphy’s biography a “major disappointment.” As he gently puts it:

[A] lot of the book is taken up with Murphy’s analysis of what Scalia contributes to the United States Reports, and this really isn’t Murphy’s strong suit. Again, the hash [he] makes of Hamdi seems to be an outlier, but he’s sometimes shaky on basic concepts … and even when his doctrinal analysis is unobjectionable it’s pedestrian. 

Most Popular

The Pollster Who Thinks Trump Is Ahead

The polling aggregator on the website RealClearPolitics shows the margin in polls led by Joe Biden in a blue font and the ones led by Donald Trump in red. For a while, the battleground states have tended to be uniformly blue, except for polls conducted by the Trafalgar Group. If you are a firm believer only in ... Read More

The Pollster Who Thinks Trump Is Ahead

The polling aggregator on the website RealClearPolitics shows the margin in polls led by Joe Biden in a blue font and the ones led by Donald Trump in red. For a while, the battleground states have tended to be uniformly blue, except for polls conducted by the Trafalgar Group. If you are a firm believer only in ... Read More
Media

Jeffrey Toobin and Our Public-Hate Ritual

Oh, Jeffrey Toobin — let him among us with a free hand cast the first stone. Toobin, a writer for The New Yorker and fixture on CNN, was participating in a role-playing exercise on a Zoom call with his magazine colleagues, wargaming election-night scenarios. Toobin was standing in for the courts when he ... Read More
Media

Jeffrey Toobin and Our Public-Hate Ritual

Oh, Jeffrey Toobin — let him among us with a free hand cast the first stone. Toobin, a writer for The New Yorker and fixture on CNN, was participating in a role-playing exercise on a Zoom call with his magazine colleagues, wargaming election-night scenarios. Toobin was standing in for the courts when he ... Read More
Media

The Biden Protection Racket

Joe Biden is the most cosseted presidential candidate in memory. He’s run a minimalist campaign that’s avoided the press as much as possible, while the press hasn’t been braying for more access and answers, but eager to avoid anything that could be discomfiting to the campaign. Never before have the ... Read More
Media

The Biden Protection Racket

Joe Biden is the most cosseted presidential candidate in memory. He’s run a minimalist campaign that’s avoided the press as much as possible, while the press hasn’t been braying for more access and answers, but eager to avoid anything that could be discomfiting to the campaign. Never before have the ... Read More

A Few Cracks in the Progressive Wall

The contemporary progressive agenda — of, say, an Alexandria Ocasio-Cortez, Kamala Harris, Bernie Sanders, or Elizabeth Warren — has rarely appealed to 51 percent of the American electorate. Most polls show opposition to Court packing and the abolition of the Electoral College. Voters don’t seem to like ... Read More

A Few Cracks in the Progressive Wall

The contemporary progressive agenda — of, say, an Alexandria Ocasio-Cortez, Kamala Harris, Bernie Sanders, or Elizabeth Warren — has rarely appealed to 51 percent of the American electorate. Most polls show opposition to Court packing and the abolition of the Electoral College. Voters don’t seem to like ... Read More
Elections

Biden Is Still Underperforming Hillary

On October 20, 2016: Hillary Clinton was up 6.8 in the RealClearPolitics average in Pennsylvania. Today, Biden is up 3.8. (that race only tightened to 2.1 in the last week of 2016.) Clinton was up twelve points in Michigan on that day. Biden is up 7.5 right now. Clinton was up 6.5 in Wisconsin. Biden is ... Read More
Elections

Biden Is Still Underperforming Hillary

On October 20, 2016: Hillary Clinton was up 6.8 in the RealClearPolitics average in Pennsylvania. Today, Biden is up 3.8. (that race only tightened to 2.1 in the last week of 2016.) Clinton was up twelve points in Michigan on that day. Biden is up 7.5 right now. Clinton was up 6.5 in Wisconsin. Biden is ... Read More