Posted by Todd Zywicki: Whelan on Lithwick: http://volokh.com/archives/archive_2009_03_15-2009_03_21.shtml#1237572151
Ed Whelan [1]comments on Dalia Lithwick's latest ([2]noted by Orin). Whelan's response seems to me to be more persuasive and certainly more factually developed than Lithwick's. On particular point caught me eye--Lithwick dredges up a supposedly sexist joke made by John Roberts back in the day. I have to say, I don't see how anyone could realistically read that off-hand comment as being anything other than a lawyer joke, not a sexist joke. I Whelen reveals a few other stretchers in Lithwick's piece. I am also persuaded by Whelan that it is not obviously hypocritical to apply different standards to question Executive Branch officials than judges. I'm not sure I necessarily agree with Whelan's argument. But it does seem obvious that Lithwick needs more than rhetoric to prove that they should be the same, although it seems like it never even occurred to her. Overall, even if one doesn't agree with all of Whelan's arguments, after reading his comment, I have to say I found her analysis pretty thin. References 1. http://bench.nationalreview.com/post/?q=NTM3NmIzNTU4ZjEzYmNjNTM0MWQyNzUwZjVkZTMzMTA= 2. http://volokh.com/archives/archive_2009_03_15-2009_03_21.shtml#1237529244 _______________________________________________ Volokh mailing list [email protected] http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
