People for the American Way has released a new report suggesting the reelection of President Bush will extinguish freedom in the United States. Specifically, the PFAW report claims that were there a majority of Supreme Court justices who agree with Justices Scalia and Thomas (and Bush said he would try and appoint justices in that mold), it would “endanger our rights and freedoms.” This is the standard scare story advanced by leftist opponents of conservative judicial appointments, but does it hold up to scrutiny? Not quite, according to Stuart Buck. On his blog, Buck demonstrates that PFAW misinterprets — or misrepresents — the views of Justices Thomas and Scalia and largely ignores instances in which their jurisprudence would expand “our rights and freedoms.”
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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