“Constitution in Exile” a red herring…

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I’ve been trying to follow the Orin Kerr/David Bernstein smackdown of that Jeffrey Rosen article over the weekend, and I have to say, I just don’t get it. Fine, so maybe the “Constitution in Exile” movement isn’t really a “movement”. Who cares!? The core issue at stake here seems to be whether or not there are in fact judges who, if elected to the Supreme Court, will go about actively chipping away at post-New Deal era constitutional doctrine. Is Bush planning to nominate justices who want to gut minimum wage laws, for instance, yes or no? Yes? Or no? The answer here is mostly independent of whether or not such judges are all connected to some shadowy conspiracy being run out of AEI or not, and it’s very unrelated to the question of whether Cass Sunstein is a “moderate” or not.

UPDATE: Okay, I cede the floor to the gentleman from the Decemberist.

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THE TRUTH...

is the first thing despots go after. An unwavering commitment to it is probably what draws you to Mother Jones' journalism. And as we're seeing in the US and the world around, authoritarians seek to poison the discourse and the way we relate to each other because they can't stand people coming together around a shared sense of the truth—it's a huge threat to them.

Which is also a pretty great way to describe Mother Jones' mission: People coming together around the truth to hold power accountable.

And right now, we need to raise about $400,000 from our online readers over the next two months to hit our annual goal and make good on that mission. Read more about the information war we find ourselves in and how people-powered, independent reporting can and must rise to the challenge—and please support our team's truth-telling journalism with a donation if you can right now.

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