Rotunda's quote at the end of the article is both telling and true. Tribe is tired of his own liberal rationalization and just wants out, and he's decided to take some parting shots at conservatives in the process.

If his rationale were true, why wait until now to give up? Why not throw in the towel back when Lopez and Morrison were decided and liberals thought the sky was going to fall? How about even earlier, when the Court was inventing new constitutional tests in order to satisfy its collective desire to retain abortion on demand at the federal level? Surely it is no more of an undue burden to synthesize constitutional jurisprudence (if it can be called that) now than it was back then?

And why blame this on the Establishment Clause? How is that more difficult to synthesize than the Court's recent decisions regarding sentencing guidelines or affirmative action?

Nah, Larry-boy is a quitter who still isn't over his loss to Ted Olson in Bush v. Gore. He won't be getting any sympathy or Erwinesque platitudes from these quarters. Go throw yourself a pity party with Bill Moyers, Professor Tribe.
Ryder | Homepage | 05.29.05 - 11:51 pm | #

Might I add that that is most likely the wittiest title I have ever read for a post?
Thursday | Homepage | 05.30.05 - 3:00 am | #