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Fritz Feds

Friday, August 18, 2006

"If it is indeed wrong, unanimity only makes its wrongness more egregious."

Prof. Carpenter has a paper titled "Unanimously Wrong" on Rumsfeld v. Fair in the 2005-2006 Cato Supreme Court Review (that can be accessed now via SSRN). I don't suppose he would mind if I pasted part of the abstract:

"The Supreme Court was unanimously wrong in Rumsfeld v. FAIR. Though rare, it's not the first time the Court has been unanimously wrong. Its most notorious such decisions have come, like FAIR, in cases where the Court conspicuously failed even to appreciate the importance of the constitutional freedoms under attack from legislative majorities. In these cases, the Court's very rhetoric exposed its myopic vision in ways that now seem embarrassing. Does FAIR, so obviously correct to so many people right now, await the same ignominy decades away?"


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