Balkinization  

Monday, June 28, 2010

Justice Ginsburg's Sharp Tone in Christian Legal Society

Mark Tushnet

As I was reading Justice Ginsburg's opinion in Christian Legal Society, I was struck with how uncharacteristically sharp her criticisms of Justice Alito's dissent were ("Indulges in make-believe," "warped"). It's almost as if these parts of the opinion had been written by Justice Scalia. Then I got to the final footnote, saying that the dissent "impugn[s] the veracity of a distinguished legal scholar and a well respected school administrator," and I understood (I think). The scholar/administrator is Mary Kay Kane, whose scholarly field is civil procedure, one of the fields in which Justice Ginsburg labored as an academic. I assume, without any inside knowledge of this, that Justice Ginsburg has had personal contacts with former Dean Kane, and found particularly offensive the aspersions Justice Alito cast on her sworn testimony.

Home