The Corner

Nr Editorial & Jrb

Ramesh: Not to beat a dead horse, but I don’t think you need to be concerned that Janice Rogers Brown may turn out to be ” a Richard Epstein clone”. Epstein’s approach would likely strike down the preponderance of regulations that even remotely have the effect of redistributing wealth.And what appears to be his more restrictive approach to the Commerce Clause would invalidate yet an additional body of legislation (to say nothing of his pronouncements regarding the 1964 Civil Rights Act). While Brown’s speeches clearly evince libertarian sympathies arguably more profound than those of any of the other filibustered nominees, those sympathies don’t appear to be anywhere near as powerful as Epstein’s; and to the extent they can be discerned in her opinions, they are comfortably within the legal mainstream. Heck, she even makes reference to Holmes’ approach to property regulation in one of her opinions—hardly evidence of Epsteinism.


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