Sunday, August 20, 2006

"I think there are two groups who are upset with the opinion: those for whom the opinion is further evidence of results oriented judging and those who are upset that the judge did not do a better job of hiding that this was the work of results oriented judging. Tribe is speaking to the second group. [ D'oh. -ed. ] He'd like the public to quit looking at the man behind the curtain. That can't happen if the rest of the professorate keep calling attention to The Great Judicial Oz' failure to explain why the Administration is wrong. If you guys keep blogging, some might come to believe there is such a thing as judicial activism. That's a greater risk to all Tribe holds dear than the matters that were at issue in this case."