Palmer and Sullivan are right. Letting Cass Sunstein’s self-description as a moderate go through is hilariously sneaky. I’m a fan of Jeff Rosen, but when he writes “Sunstein, who describes himself as a moderate.…” is really not being fair to a debate he’s trying to fairly describe. I have in my hands a copy of Sunstein’s The Second Bill of Rights: FDR’s Unfinished Revolution and Why We Need it More than Ever. Whatever the merits of the book, it would simply be wrong and deceptive to even remotely suggest that a “moderate” in the American political context could have written it. It’s whole point is how the Constitution should guarantee sweeping economic rights (a good job, a good home, health care etc etc) and how it’s such a shame the Supreme Court didn’t simply impose this new Constitutional framework on the public without a democratic debate. Darn those Nixon Court appointees!