What Liberals don't get about Judicial Conservatism

While driving from Houston to Chicago this author had occasion to listen to Jeffrey Toobin's recent The Oath, a book about the relationship between the Robert's court and the Obama Administration. CNN watchers may recall Toobin for his legal analysis during the Zimmerman trial; Toobin is also a prolific writer for such publications as The New Yorker. Those familiar with him will know that Toobin is a dyed-in-the-wool liberal, a liberal's liberal. Still, Toobin takes a refreshingly civil and diplomatic tone toward conservatives, unlike the screamers on MSNBC and elsewhere. All the same, Toobin's work does suffer from a common flaw: he can't quite explain the other side's position in a way that would make it seem sensible, (by no means a flaw exclusive to those on the left). Toobin's readers are likely to be overwhelmingly liberal and sympathetic to Toobin's political and legal views; he deprives these readers of a full appreciation for the different legal philosophies in...(Read Full Article)

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