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View Diary: Toobin Is Wrong. Again. There Is No Strategy In Roberts ACA Opinion. (27 comments)

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  •  Your summation is eloquent and correct (6+ / 0-)
    Recommended by:
    ozsea1, kaliope, elmo, Smoh, Nowhere Man, native

    From Bush v. Gore through Citizens United the Court has frittered away what was once a vast ocean of respect, goodwill, and perceived objective legitimacy. Facing institutional irrelevancy, the Chief wisely chose not to be the guy who killed the Court.

    Toobin makes the all-to-common mistake of starting with a conclusion then contriving an argument to support it. That is optimal when litigating because you are trying to convince a jury to reach your conclusion from some facts. He is trying to argue a case instead of explicate one.

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