Bench Memos

Sunstein on the Mysterious Third Circuit

A reader points out to me that Cass Sunstein today calls the Third Circuit a “relatively liberal court” in this op-ed in the Washington Post (an op-ed that is slightly less interesting and insightful than a Westlaw case digest), but yesterday labeled the Third Circuit “already very conservative” in this Newsweek interview. Evidently being a minimalist is very confusing. But I suppose that Sunstein, who has illusions about all the supposed conservative victories that have been racked up in recent years, might maintain that even a “relatively liberal court” can be “very conservative.”

Ed Whelan — Ed Whelan is a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law.

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