The Corner

The Lawyerly Kennedy

Kennedy’s comment that “Alito has not written one single opinion on the merits in favor of a person of color alleging race discrimination on the job” does not just depend for its technical accuracy on the word “written,” but also on the phrase “on the merits.” Kennedy wants to exclude both opinions Alito joined but didn’t write and opinions he wrote that aided such litigants in important ways. With those exclusions, how much of a point does he have left?

Ramesh Ponnuru — Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg Opinion, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

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