Tuesday, April 19, 2005

Why do I even blog?

The Decembrist pretty much says everything I want to say, and does it better. Read this commentary on the NYT Magazine's article on the Constitution in Exile. He makes the very good point that even if there is no such coordinated movement among conservative jurists, it's a great way to encapsulate the general consensus among that crowd that Lochner was a good decision and substantive due process should be protecting contract rights rather than civil liberties. I mean, there's more to it than that, but if the public comes to understand that the Constitution in Exile means the gutting of the regulatory state and many of the protections we as consumers and citizens have come to take for granted, perhaps they will view fights over the judiciary differently.