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Thursday, June 28, 2007

Garnett in a Greenhouse (article)

Our own Rick Garnett appears prominently in Linda Greenhouse's analysis today in the NYT on the bench-slapping Justice Scalia administered to CJ JGR over the sub silentio over-rulings of precedent in the Hein and campaign finance cases earlier this week. Rick is quoted thus:

The conservative alliance at the court may be fractious but not fragile, strong enough to withstand Justice Scalia’s “tweaking and needling,” as Prof. Richard W. Garnett of Notre Dame Law School describes it.

“I look at it as a bit of a kabuki dance,” said Professor Garnett, who clerked for Chief Justice Rehnquist and is close to the court’s conservatives. He said he had no doubt that Justice Scalia had “huge respect for the new chief as a person and as a lawyer.”

What is visible now, he said, is the latest iteration of the endless struggle between the need for stability in the law and the desire to correct previous mistakes.

“Different people who call themselves conservatives resolve that tension in different ways,” Professor Garnett said, adding that Justice Scalia was “laying down markers, making sure the arguments are out there to be used in later cases.”

Now if only I can get Rick to work in "prawfs.com" as part of his future answers to the maestro of SCT journalists -- maybe as an acrostic poem, Rick? -- we'd be all set.

Posted by Administrators on June 28, 2007 at 09:23 AM in Constitutional thoughts | Permalink


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X, thanks, I was under the same impression and thus had decided to use "maestro" as my own little attempt at appropriation and subversion...now, I realize, however, that maestra would have been the better form. Check out the wiki: http://en.wikipedia.org/wiki/Maestro

Posted by: Dan Markel | Jun 29, 2007 9:22:18 AM

There is no female equivalent of the noun maestro.

Posted by: x | Jun 29, 2007 12:58:33 AM

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