Tuesday, September 30, 2014

Juris Imprudence - WSJ

Juris Imprudence - WSJ: "We'd like to note one Segall-McElroy flourish that's tangential to their argument but revealing as to their intent. In the course of their discussion of the justices' papers, they write: "We still have not glimpsed former Chief Justice Warren Burger's papers even though he retired when Reagan was president, there was still a moderate wing of the Republican Party, and the Religious Freedom Restoration Act (RFRA, now the subject of much Supreme Court controversy after Hobby Lobby) wasn't even a twinkle in Orrin Hatch's eyes." Hatch was the Religious Freedom Restoration Act's chief Senate Republican co-sponsor, but it was introduced by Ted Kennedy. The version that ultimately passed was introduced in the House, by then-Rep. Chuck Schumer. An earlier version was introduced in the Senate in 1990, by Joe Biden. The vote in the Senate was 97-3 in favor.

This was a thoroughly bipartisan bill. Are Segall and McElroy trying to rewrite history by presenting it as a Republican measure? Maybe not. Maybe they just didn't bother looking up the history--all of which we found on Congress's official website. But how can we take seriously their claims to care about government transparency when they don't bother to avail themselves of it?"

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