Is Alito fudging furiously? Probably. But it still doesn't give liberals much of a purchase to lead a battle against his nomination. Subtle arguments about the nature of stare decisis and the precise extent of the president's Article II powers just aren't going to get very many people ready to take to the streets with pitchforks. So what's the battle cry? (courtesy Kevin Drum, Washington Monthly)
No, stare decisis just isn't that catchy.
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