Saturday, March 11, 2006

Supreme Court Smackdown!

Adam Liptak of the Times reviews the reasons the Law Profs were all wet on FAIR. Clip:

"Then there is the clueless law professor theory.
Peter H. Schuck, a Yale law professor who thought the law schools' legal position was misguided, said that many professors were so indignant about the military's treatment of gay men and women and so scornful of the military itself that their judgment became clouded.

"There is often a feeling that if something is morally wrong it must be legally wrong and that clever arguments can bring those two things into alignment," Professor Schuck said.

The elite law schools have for decades been overwhelmingly liberal, Professor Schuck said, and that may have blinded professors to problems with their arguments. Only one law school brief, organized by members of the faculty of George Mason University School of Law, supported the military.

"If you put together a Vietnam legacy, a gay rights ideology, the idea that courts can solve all problems and the legal academy's echo chamber, you get this result, " said Joseph Zengerle, an adjunct professor at George Mason who helped write the brief.

Mr. Rosencranz said his side had nothing to apologize for. "The lopsided vote does not detract from the wisdom or judgment of the legal academy in pressing the case," he said. "Nor does it change the ardent view that what the military is doing is wrong, even if the Supreme Court found it permissible."

But the second-guessing has started.

"Unfortunately," said Laurence H. Tribe, a law professor at Harvard, "a great many very smart people were so close to the issues that they failed listen to those of us who said this was a really difficult argument." Rest here

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