“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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We didn't know what to expect when we told you we needed to raise $400,000 before our fiscal year closed on June 30, and we're thrilled to report that our incredible community of readers contributed some $415,000 to help us keep charging as hard as we can during this crazy year.

You just sent an incredible message: that quality journalism doesn't have to answer to advertisers, billionaires, or hedge funds; that newsrooms can eke out an existence thanks primarily to the generosity of its readers. That's so powerful. Especially during what's been called a "media extinction event" when those looking to make a profit from the news pull back, the Mother Jones community steps in.

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