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Wednesday, Nov 10, 2004

red state herring

"As Jeffrey Rosen (a pro-choice but anti-Roe legal analyst) recently argued in The New Republic (subscription-only), abortion is probably a red herring in the Supreme Court battles; Bush and his people seem most preoccupied with stacking the court with proponents of the “Constitution in Exile” movement, which seeks to return American jurisprudence to pre-New Deal interpretations of the interstate Commerce Clause that hugely limit the scope of federal action and policy. Last year, Michael Scherer wrote a terrific piece for Mother Jones that, in a similar vein, focused on the massive corporate underwriting of most of Bush’s controversial judicial nominations in his first term, and argued that media accounts focusing on, say, William H. Pryor’s religious extremism or Priscilla Owen’s anti-choice advocacy miss the more important story of these judges' radical fealty to corporate interests."