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Friday, June 23, 2006

Garnett on Rehnquist in YLJ

Now that Paul's finished plugging the new issue of HLR, I can take a turn to recommend the interesting June issue of the Yale Law Journal.  Closest to home, our own Rick Garnett has an appreciation of the late Rehnquist, complete with funny and poignant anecdotes.  (I confess I still have my reservations, Rick.)  Also worth perusing is the colloquium on constitutionalism and interpretation among Akhil Amar, Jed Rubenfeld (whose new novel is forthcoming also), Jefferson Powell, and Michael Stokes Paulsen.

Posted by Administrators on June 23, 2006 at 02:22 PM in Law and Politics | Permalink


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Dan, I know you didn't take sides; I wasn't criticizing your post, it's just that it reminded of Dershowitz's ghastly behavior, and it's the latter that I'm still mad about.

As to refutations, engaging with the substance of what Dersh said in his post would ratify and dignify its existence. I refuse to do so, and I rather hope that no one else has been inclined to do so either. I'm not suggesting that Rehnquist is above criticism, or that his record should be above critical review, but to do so, in the terms Dershowitz used, while the corpse was still warm, is simply an unforgivable sin as far as I'm concerned. Won't argue with him; won't read him; won't cite him.

Posted by: Simon | Jun 26, 2006 12:46:20 PM

Simon, the link I provided does not take sides but simply shows that there's a diversity of opinions about the Chief's off-Court behavior, as well, as Rick notes, his on-Court decisions. But I understand if you think (as Rick does) that AD went too far. I haven't seen an online rebuttal to the factual allegations made in the Dershowitz post but would be happy to post it if you send me one via email. Thanks.

Posted by: Dan Markel | Jun 26, 2006 9:03:07 AM

Rick, your article is lovely, and very touching.

(I kind of wish Dan hadn't linked to that thread; I'm still mad about Dershowitz's contemptible behavior during those days).

Posted by: Simon | Jun 25, 2006 10:49:21 PM

Thanks, Dan, for the link. I understand completely that reasonable and thoughtful people could have reservations about Rehnquist's work on the Court. The Dershowitz screed, though, was -- I am confident -- just that.

Posted by: Rick Garnett | Jun 23, 2006 11:52:17 PM

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