Posted by Juan Non-Volokh:
Smackdown Over Tribe:
Ramesh Ponnuru and Tom Goldstein continue to duke it out over whether
Larry Tribe presented a fictional account of his argument in the
Richmond Newspapers case. There's even a [1]new blog (well, kinda) for
the exchange.
Here's the rundown:
* [2]Ponnuru's article on Tribe;
* Goldstein's [3]initial post on SCOTUSBlog;
* Ponnuru's [4]initial response in The Corner;
* Goldstein rejoinder A (in comments to [5]initial post);
* Goldstein [6]rejoinder B (9-page PDF file);
* Ponnuru [7]response.
For those wanting even more, here's a link to [8]Tribe's brief in
Richmond Newspapers and here's a link to his allegedly fictional
[9]Green Bag article.
On whether there is any connection between Ponnuru's attack on Tribe
and looming Supreme Court confirmation battles, a reader e-mail
prompts me to offer this thought: There is no doubt that some on the
Right have it out for Tribe due to his role in scuttling the 1987
nomination of then-Judge Robert Bork to the Supreme Court. That fight
was extremely bitter, and some on the Right have never forgiven those
who, in their view, were instrumental in defeating Bork's nomination.
In a related vein, I have often heard that one reason Walter Dellinger
was never confirmed by the Senate as Solicitor General -- and served
his time as "acting" SG -- was because his role in opposing Bork. I
cannot verify the claim, but it would be further evidence that the
scars from prior nomination battles run deep.
References
1. http://tribeponnuru.blogspot.com/
2. http://www.nationalreview.com/ponnuru/ponnuru200502250845.asp
3.
http://www.scotusblog.com/movabletype/archives/2005/03/how_bitter_will.html
4. http://www.nationalreview.com/thecorner/05_02_27_corner-archive.asp#057394
5.
http://www.scotusblog.com/movabletype/archives/2005/03/how_bitter_will.html
6. http://goldsteinhowe.com/blog/files/Ponnuru.pdf
7. http://www.nationalreview.com/thecorner/05_02_27_corner-archive.asp#057464
8. http://goldsteinhowe.com/blog/files/RNBriefs.pdf
9. http://goldsteinhowe.com/blog/files/GreenBagPDF.pdf
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