Knight Ridder (Again)

Let me echo Ed’s comments Thursday’s Knight Ridder article by Stephen Henderson and Howard Mintz. The language of the article is exceedingly misleading. A review of a judge’s written opinions alone — which, by definition, represent a fraction of the cases in which the judge has participated — cannot justify the statement that Alito has “almost never found a government search unconstitutional.” Henderson knows this — he and I had a long phone conversation on Wednesday about the problems in his earlier analysis and his inaccurate characterizations of his findings in his C-Span interview (discussed here). It is one thing to say the Alito’s tends to support the police over criminal defendants (although this too is of little probative value without examining the extent to which his approach is consistent with prevailing law), but something else entirely to say Alito has “almost never” voted a given way based upon an unrepresentative sample of his opinions. Again, I made these points to Henderson when he called me Wednesday, but it does not seem to have had much of an effect.

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

Most Popular


The Gun-Control Debate Could Break America

Last night, the nation witnessed what looked a lot like an extended version of the famous “two minutes hate” from George Orwell’s novel 1984. During a CNN town hall on gun control, a furious crowd of Americans jeered at two conservatives, Marco Rubio and Dana Loesch, who stood in defense of the Second ... Read More

Billy Graham: Neither Prophet nor Theologian

Asked in 1972 if he believed in miracles, Billy Graham answered: Yes, Jesus performed some and there are many "miracles around us today, including television and airplanes." Graham was no theologian. Neither was he a prophet. Jesus said "a prophet hath no honor in his own country." Prophets take adversarial ... Read More
Film & TV

Why We Can’t Have Wakanda

SPOILERS AHEAD Black Panther is a really good movie that lives up to the hype in just about every way. Surely someone at Marvel Studios had an early doubt, reading the script and thinking: “Wait, we’re going to have hundreds of African warriors in brightly colored tribal garb, using ancient weapons, ... Read More
Law & the Courts

Obstruction Confusions

In his Lawfare critique of one of my several columns about the purported obstruction case against President Trump, Gabriel Schoenfeld loses me — as I suspect he will lose others — when he says of himself, “I do not think I am Trump-deranged.” Gabe graciously expresses fondness for me, and the feeling is ... Read More