Friday, November 11, 2005

Oh, Those Federalists!!

From Southern Appeal, a vignette on a meeting of the Federalists, wherein both Michael Luttig and Arlen (the Spectre) Specter get smacked across the face:

For me, the highlight yesterday was an exchange between Judge Frank Easterbrook and Professor John McGinnis. McGinnis praised a suggestion apparently made by Judge Mike Luttig that if a case enjoys a lengthy life and is has been affirmed or accepted by judges of the High Court from both sides of the aisle, then that case is a Super Precedent and is entitled to great deference. To this Judge Easterbrook replied, "Oh, you mean like Plessy?"

The house came down with that line. And once again, we are shown just how pernicious stare decisis can be--it elevates the rules crafted by judges over the rules adopted by the people via their fundamental law. As Steve would say, "It is fo' suckas."

Actually, Arlen, it's for Super-Duper Suckas...

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