Thursday, July 05, 2012

Calling Balls and Strikes

Mark Tushnet

I can't refrain from some snark: Some conservatives are developing the argument that the Chief Justice's opinion in NFIB is so unpersuasive that he must have been influenced by extraneous (and nefarious) matters. I wonder whether (or when?) the very thought that such an argument might be correct will worm its way into their unconscious, and then surface -- leading to the thought that perhaps in Citizens United he wasn't just calling balls and strikes (either). (I don't doubt that people have a large capacity to keep separate mental accounts.)