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View Diary: Alito lacks support (411 comments)

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  •  hmmm (none)
    "By even posing the questions he did, Alito indicated his opinion that the question of voidability was legitimate;"

    You are correct when dealing with legal memos written for a private law firm; nobody want to pay for time spent researching 'obvious' questions or wild goose chases.  

    But in the public sector (or academic), legal memos are supposed to be overly thorough, and the economic concerns limiting memo length are relatively non-existent.  Addressing an "obviously crazy" theory does not mean that the author finds the theory legitimate or even plausible, but rather simply that (1) the theory is intellectually interesting; (2) the theory was raised previously by some person involved; (3) the author's boss has some particular interest in such line of thinking; or (4) the author is bored and wants to pad the length of the memo.

    Alito's thinking on the legitimacy of the "voidability" argument - as you put it - is in the outcome of the memo, not the mere existence of it.

    •  Except (none)
      Alito said expressly he believes it and then made statement that is just plain wrong.

      All this dancing for what?

      His words speak for ScAlito, not the spin.

      The SCOTUS is extraordinary.

      by Armando on Wed Jan 04, 2006 at 01:52:47 PM PST

      [ Parent ]

      •  outcome v. existence (none)
        That's why I said that Alito's views are contained in the outcome of the memo, not the mere existence of it.  This particular subpart of the thread is going back and forth on whether merely raising a question is somehow conferring legitimacy on it.

        I was not even touching Alito's conclusions on the point, as the cited memo does not resolve the issue

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