My Ox or Yours?

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3 Responses

  1. Orin Kerr says:

    Howard, are you suggesting that the test for what conservatives think is whether you can find one Internet commenter who writes something in one blog comment thread? Or is “Brett Bellmore” some sort of general spokesperson for conservatism?

  2. Howard Wasserman says:

    Neither. His comment was one (handy) example of a response, nothing more. I probably could find other examples, but it was 1 a.m. For others: Berg and McCarthy themselves, both of whom (at least by training) should know better. Some responses to the SCOTUS decision on conservative (political, not legal) blogs that I saw criticized the Court for falling back on technicalities and ignoring Brunner’s wrongdoing. Nor am remotely suggesting that all conservatives now want to dump the standing or private-right-of-action doctrines. I simply was making the (I thought non-controversial) point that, in these recent examples, doctrinal rules are being used against the political interests of the groups that tend to favor those rules. And sometimes that surprises people.

  3. Brett Bellmore says:

    Actually, while my views are a bit complex, you could label me a libertarian without too much error. And I’d be fine with citizens being able to sue over black budgets and military commissions for elected officials. (Whether they’d *win* is a separate matter.) “Standing” is just one of the ways the judiciary avoids enforcing large portions of the Constitution.