I appreciate Marty's effort to be conciliatory, but in the process he very seriously misrepresented my views and those of a frequent collaborator. Marty
that he is "heartened that [I am] no longer defending the idea that the Yoo/Addington theories are the better readings of the text, structure and history." And he cites a blog
by Jack Balkin, which criticizes an op-ed that we published in the
Wall Street Journal
almost four years ago. However, as Balkin's post makes very clear, that op-ed did not defend the Yoo/Addington theory. It instead argued that Yoo's memos fell into OLC's tradition of pro-executive lawyering, and should be understood within the context of this tradition, whether or not the legal reasoning was correct (and we did not say that the reasoning was correct).
Jack criticized our argument, and although I don't agree with all of his criticisms (he mistakenly implies that the Bush OLC was the first OLC to fail to cite the Youngstown case in the course of making an aggressive interpretation of the president's constitutional powers, when the Clinton OLC did the same thing ), I appreciate that he resisted the impulse to tar us with views that we were hoping to put into context but not to defend.
TODAY IN SLATE
Scalia’s Liberal Streak
The conservative justice’s most brilliant—and surprisingly progressive—moments on the bench.
Colorado Is Ground Zero for the Fight Over Female Voters
There’s a Way to Keep Ex-Cons Out of Prison That Pays for Itself. Why Don’t More States Use It?
The NFL Explains How It Sees “the Role of the Female”
The Music Industry Is Ignoring Some of the Best Black Women Singing R&B
Theo’s Joint and Vanessa’s Whiskey
No sitcom did the “Very Special Episode” as well as The Cosby Show.
The Other Huxtable Effect
Thirty years ago, The Cosby Show gave us one of TV’s great feminists.